BASUDEO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19th July, 2008 and order of sentence dated 28.7.2008, passed by Sri Mohammad Kasim, learned Additional Sessions Judge, Fast Track Court No. IX, Giridih in Sessions Trial No. 284 of 2006, whereby and whereunder appellants have been convicted for the offence under sections 147, 342, 323, 149, 302, 149, 201 and 149 of the Indian Penal Code and sentenced to undergo R.I. for life.

(2.) A first information report was instituted by Dular Mandal, P.W-7, in which it was stated that the daughter in law of Tejo Mandal (deceased) died while falling in the well on 7.11.2008 at about 4 P.M. The informant had come to village-Chittakharo on hearing such incident. It is alleged that on 8.11.2008 at about 9 A.M. several persons in Commander Jeep, Trecker and motorcycle had come from village-Padarmania. It is also alleged that Banwari Mandal had got the deceased seated on the motorcycle and Gulab Mandal also sat on the same. It was also alleged that Tejo Mandal was taken to Padarmania and later on he came to know that Tejo Mandal was assaulted and he was burnt to death in funeral pyre prepared for cremation of Sarswati Devi. It is also alleged that incident had occurred due to unnatural death of Sarswati Devi in the well.

(3.) Based on the aforesaid allegations, Birni P.S. Case No. 82 of 2013 was instituted under sections 147, 148, 149, 341, 342, 327,302/201 of the Indian Penal Code. Investigation resulted in submission of chargesheet and after cognizance was taken, the case was committed to the court of sessions wherein charges were framed under sections 147, 342, 436, 149, 323, 149, 364, 149, 302, 149 and 201/149 of the Indian Penal Code and trial proceeded. In course of trial, 14 witnesses were examined on behalf of the prosecution.