DHIBA MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant against the judgment of conviction dated 26.7.2005 and order of sentence dated 27.7.2005 passed by the learned Sessions Judge, Dumka in Sessions Case No. 185 of 2004, whereby and whereunder, the learned Sessions Judge, Dumka has convicted the appellant for the offence punishable under Sec. 306 of the Indian Penal Code and sentenced him to undergo R.1. for five years with fine.

(3.) The case of the prosecution, as mentioned in the fardbeyan of P.W.2-Mangal Soren, is that his daughter namely Sukarmani Soren had gone to West Bengal three years prior to the occurrence for earning her livelihood. The accused Dhiba Marandi @ Subham Marandi also used to work with her. They fell in love and after returning from West Bengal they used to reside in the house of Dhiba Marandi @ Subham Marandi of Village Gariyari as husband and wife, though there was no marriage solemnized between them. A few months before the occurrence, there was difference between Sukarmani and Dhiba Marandi @ Subham Marandi. On the festival of Bandhana, Sukarmani and the accused came to the house of the informant. The informant tried to reconcile the matter between them and thereafter both of them went to the house of the accused at Gariyari. On 17.1.2003 Sukarmani Soren reached the house of her maternal grandfather-Mangal Murmu at 10:00 am. She was not feeling well and started vomiting. On receiving information, the informant along with his brother Budhan Soren went to village Dumaria and noticed that the condition of Sukarmani Soren was serious. Sukarmani Soren disclosed that due to behaviour of the accused-appellant she has consumed poison which is used in paddy crop. The informant called one doctor namely Suresh who recommended specialized treatment for the deceased and thereafter the informant took Sukarmani to his house and started to arrange money. In the meanwhile, Sukarmani died at about 6:00pm. On the basis of the fardbeyan of the informant, the police registered Jarmundi (Taljhari) PS. Case No. 13 of 2003 (G.R. No. 60 of 2003) and took up investigation of the case.