KUMOD MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals have been directed against the judgment of conviction and order of sentence dated 17.08.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.-V, Deoghar in Sessions Case No. 278 of 2003 with Sessions Case No. 04 of 2004 arising out of Deoghar P.S. Case No. 211 of 2003 corresponding to G.R. No. 592 of 2003, whereby and where under all the appellants have been convicted under Sec. 304 B of the Indian Penal Code and the appellant Kumod Mandal has been sentenced to undergo imprisonment for life and the appellants Dhathuri Mandal and Lagni Devi have been sentenced to undergo R.I. for seven years each.

(2.) Both these appeals have been preferred against the same judgment and they are being heard together and decided by this common judgment.

(3.) The case of the prosecution, in short as per the fardbeyan of informant (Choukidar 4/14 Balkrishna Mirdha of Jasidih Police Station) who heard from his co-villagers that a female dead body is lying in the river Darwa east of his village. The informant went at the place of occurrence with his neighbour Choukidar 4/16 Neelkanth Mirdha and found a dead body lying in the river. Thereafter, the informant kept watching the dead body and sent Neelkanth Mirdha to the police station to inform the police. When the police came, the dead body was taken out from the river. By the physical appearance it seems that the dead body was of a married woman and she was killed by cutting the right side of her neck and for concealing the dead body, the same was thrown in the river.