MANTU DEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant as well as one Tara Pado Dey (acquitted) were put on trial on the accusation of committing murder of Sadhana Dey (wife of the appellant) in furtherance of their common intention and further on the accusation that they with a view to screen themselves from legal punishment caused disappearance of the evidence of the murder. The trial Court while acquitting the accused -Tara Pado Dey did find the appellant guilty for the said charges and according recorded the order of conviction punishable under Sections 302 and 201 of the Indian Penal Code vide its judgment dated 14.02.2005 and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/ - for the offence punishable under Section 302 of the Indian Penal Code with default clause to undergo R.I. for one year on account of nonpayment of fine amount. No separate sentence was passed for the offence punishable under Section 201 of the Indian Penal Code.

(2.) THE case of the prosecution, as has been made out in the fardbeyan (Ext. 4), is that the deceased -Sadhana Dey, the daughter of the informant -Most. Adari Nandi (P.W. 10), had been married to this appellant 1 1/2 years before. Out of their wedlock, one child had begotten. On 29.12.2002 at about 5.00 p.m., Tara Pado Dey, the father of the appellant, came to the house of the informant and asked her to keep her daughter -Sadhana Dey (deceased) with her, which proposal, the informant refused to accept and then Tara Pado Dey held out there that she will have to face consequence for it. In the night on 29.12.2002, when his son, Sanjay Nandi (P.W. 9) came, he informed that the appellant in the morning assaulted his sister -Sadhana Dey (deceased) by closing the room. Further case is that on 30.12.2002 at about 3.00 p.m. while the informant was going towards Kandara rivulet to ease herself, she found her daughter -Sadhana Dey screaming, as she was being assaulted by her husband (appellant). On finding this, she came to rescue her daughter but the appellant threatened her to go away otherwise she would also be killed. In such situation, she came slightly behind. Meanwhile, the appellant by assaulting Sadhana Dey with fists and slaps got the deceased drowned in a well, as a result of which, she died and then the appellant fled from there.

(3.) THE said Awadhesh Thakur, Sub -Inspector of Police, Masalia Police Station, himself took up the investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 7) and sent the dead body for post mortem examination, which was held by Dr. S.N. Jha, who on holding autopsy on the dead body of the deceased did find following injuries on the person of the deceased: