MALTI MANDALAIN @ RASIA @ URMIAL DEVI AND NAWAL KISHORE MANDAL @ GURUWAR MANDAL Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) CR . Appeal No. 254 of 1989 is by Nawal Kishore Mandal @ Guruwar Mandal and Cr Appeal No. 252 of 1989 is by Malti Mandalain @ Rasia @ Urmila Devi, The above two appellants were arrayed as A -1 and A -2 before the Sessions Judge, Dumka. They were charged and convicted under Section 302 read with Section 34, IPC for which each of them was sentenced to imprisonment for life. The above two appeals have therefore, been filed by the aforesaid appellants challenging their conviction and sentence.

(2.) THE above two appeals are being disposed of by the following common judgment as they arise out of one Sessions Case.

(3.) THE facts necessary to dispose of these appeals can be summarized as follows : The deceased, Maya Kumari Mandalain is the daughter of PW 6 Shyamlal Mandal and sister of PW 5 Nimichand Mandal. The deceased was given in marriage to appellant Nawal Kishore Mandal (in Cr. Appeal No. 254/89} and, thereafter, both of them were living happily. The case of the prosecution is that the appellant Nawal Kishore Mandal wanted his wife to bring a radio and a wrist watch, but PW 6, her father, could not buy the same to give it to Nawal Kishore Mandal (appellant in Cr. Appeal No. 254/89). Further case of the prosecution is that appellant Nawal Kishore Mandal was having illicit relationship with appellant Malti Mandalain (in Cr. Appeal No. 252/89) and that on account of the above fact, the deceased was murdered by appellant Nawal Kishore Mandal by strangulation.