UPENDRA MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has challenged the judgment of conviction under section 302 and section 201 IPC dated 3.9.2001 and the order of sentence of R.I. for life with fine of Rs. 1000/- for the offence under section 302 IPC and R.I. for two years with fine of Rs. 500/- for the offence under section 201 IPC dated 5.9.2001 passed by the 1st Additional Sessions JudgeDumka in Sessions Case No. 299 of 1996.

(2.) The appellant, namely, Upendra Mandal was granted bail by this court vide order dated 15.10.2001.

(3.) On an allegation that the appellant, namely, Upendra Mandal who was married to Rita Devi in the year 1989 has caused her death and caused disappearance of her dead body, Saraiyahat P.S. Case No. 102 of 1995 was registered under sections 364/34 IPC against Dubal Mandal, Nakul Mandal and the appellant, on the basis of fardbeyan of the brother of Rita Devi, namely, Shiv Shankar Kanti. After the investigation, the police submitted charge-sheet u/s 302,365 and 201/34 IPC against the above-named accused persons and they were sent up for trial to face the charge framed against them vide order dated 3.12.1997. During the trial, the prosecution has examined altogether eight witnesses; the informant is PW-8. But, co- villagers of the appellant, namely, Sicho Mandal-PW-3 and Chunilal Mandal-PW-4 have been declared hostile at the instance of the prosecution.