BINOD MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. H.K. Shikarwar, learned counsel appearing for the appellant and Mrs. Kumari Rashmi, learned A.P.P. appearing for the State.

(2.) The instant criminal appeal has been preferred by the above named sole appellant for setting aside the judgment and order of conviction and sentence dtd. 17/1/2003 and 20/1/2003 respectively for the offence under Sec. 302 of IPC passed by learned Additional Sessions Judge-IV, Dumka in S.C. No.212 of 2001, whereby and whereunder, the appellant has been held guilty for the aforesaid offence and sentenced to undergo rigorous imprisonment for life.

(3.) Factual matrix giving rise to this appeal is based on fardbayan of Lakhia Devi, wife of Binod Mandal (present appellant) recorded by A.S.I., Nokha Lal Yadav of Palajori P.S. on 28/5/2000 at 16:00 hours at State Dispensary, Palajori stating inter alia that on 28/5/2000 in the morning, the informant's husband, Binod Mandal sprinkled kerosene oil on her body and set her on ablaze, when she started crying, her husband fled away from the house. The reason behind the occurrence is that her husband was saying that he will solemnize second marriage with another girl. Therefore, the informant went to her parental home. It is further alleged that about 8 days ago, she had returned from her parental home to her matrimonial home along with her husband, Binod Mandal. It is further alleged that at the time of occurrence, except her husband, none of the family members were present. The informant (since deceased) has further stated that except her husband no other family members are responsible for this occurrence. The fardbayan (Ext.2) was also signed by the father-in-law of the injured victim, namely, Sita Ram Mandal (P.W.6).