FALO MANDAL AND ANR., PANCHANAND MANDAL @ PANCHA MANDAL AND ANR. AND FALO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the appellants on being tried, have been found and held guilty for the offence under Section 304 -B/34 of the Indian Penal Code by common judgment dated 8.8.2001 and 10.8.2001 respectively passed by the Sessions Judge, Deoghar in Sessions Trial No. 158 of 1999 and sentenced to undergo rigorous imprisonment for life each. As all the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) THE factual matrix leading to their conviction are that Basanti Devi, sister of informant Bachoo Sao (PW 14) was married with Kaleshwar Mandal. son of appellants Panchanan Mandal and Malti Devi and brother of appellants Falo Mandal and Daso Mandal, about five years before the occurrence. According to the informant, on 12th of August. 1998, he was informed that his sister Basanti Devi has received burn injuries and admitted in Sadar Hospital, Giridih for treatment. The informant along with other members of his family arrived at Sadar Hospital. Giridih in the evening to find his sister lying senseless on bed having been completely burnt. Further stated that on next day. 13.8.1998 at about 11.00 a.m., the deceased came to sense and on query she informed him that in the night of 11.8.1998. when she was preparing food, appellant Panchanan Mandal and his wife appellant Malti Devi as well as other appellants arrived in the kitchen. She further stated that appellant Panchanan Mandal emptied a container of having five liters of kerosene oil on her head and appellant Malti Devi put her on fire with burning wood from the hearth. She tried to come out from the kitchen, but other appellants Falo Mandal and Daso Mandal forced her to remain inside with dagger and slick. According to the deceased, all the appellants thereafter confined her and saw her being burnt. She has further stated that her husband Kaleshwar Mandal was not present at that time.

(3.) THE informant got his statement recorded at 9.30 a.m. on 14.8.1998 by A.S.I. Chhathu Kumar Gupta and the same was forwarded to Madhupur Police wherein Madhupur Police Station Case No. 160 dated 16.8.1998 under Section 304 -B/34 of the Indian Penal Code was instituted. The police investigated the case and finally submitted charge -sheet against the five persons including the husband of the deceased. Their cases were committed to the Court of Sessions for trial. The learned Sessions Judge framed charge against all the five charge -sheeted accused persons under Section 304 -B/34 of the Indian Penal Code. The appellants pleaded not guilty and asserted that Basanti Devi has received burn injuries due to accidental fire while cooking. However, the defence plea was not accepted and the trial Court while acquitting the husband of the deceased, Kaleshwar Mandal. found and held all these appellants guilty under Section 304 -B/34 of the Indian Penal Code and accordingly, sentenced to serve rigorous imprisonment for life.