IN RE: GUNADHAR MANDAL AND ORS. Vs. STATE

JUDGEMENT

(1.) Since both the appeals, arising out of the same case, were heard together, the same are being disposed of by this common judgment. Both the appeals are directed against the judgment of conviction and order of sentence dated 13.1.2004 passed by the then 4th Additional Sessions Judge in S.C.No.161 of 2002/321 of 2002 whereby and whereunder the appellant, Gunadhar Mandal [in Cr. App.(D.B) No.1886 of 2004] on being found guilty for committing murder of Dropadi Devi convicted him for the offence punishable under Section 302 of the Indian Penal Code whereas the appellants, Mandev Mandal, Kamdeo Mandal,Jitan Mandal, Bishun Mandal, Murli Mandal and Dobar Rai @ Dobra [in Cr.App (S.J) No.234 of 2004] have been convicted along with the appellant Gunadhar Mandal for the offence punishable under Section 201 of the Indian Penal Code. The appellant Gunadhar Mandal was sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code and further was sentenced to undergo rigorous imprisonment for five years for the offence under Section 201 of the Indian Penal Code. At the same time other appellants named above were sentenced to undergo rigorous imprisonment for five years for the offence punishable under Section 201 of the Indian Penal Code.

(2.) The case of the prosecution is that Dropodi Devi, daughter of the informant, Sukhdeo Mandal, (P.W.6) had been married ten years before to Gunadhar Mandal, who was working at Orissa since last four months whereas his wife, Dropodi Devi was living at her in-laws' place along with her children. On 3.3.2001 Gunadhar Mandal came to his in-laws' place and stayed in the night. On the next day i.e. on 4.3.2001 he left the place early morning for coming to his village Marnadih. On 6.3.2001 when the informant, Sukhdeo Mandal (P.W.6) came to his daughter's place, he did not find anyone including his daughter in the house.

(3.) Thereupon he asked from one Bishun Mandal, who was next door neighbour, about his daughter and other family members but he expressed his ignorance. Meanwhile, his wife Ruka Devi (P.W.7) came over there and she disclosed to her husband by weeping that all the family members have killed his daughter. When he was in the village, one person of the same village did disclose that Dropodi Devi has been killed by her husband and other family members. Some of the villagers also disclosed that while the appellant, Gunadhar Mandal was living at Orissa, his wife developed illicit relation with one Pradeep Sen @ Bekul Sen and therefore, all the accused persons killed Dropodi Devi in the night of 5.3.2001 and then accused persons took the dead body at the bank of river where they buried the dead body under the sand.