VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the appellants named above against the judgment and order dated 4.9.1996 passed by Shri Ashok Kumar Verma, Judicial Commissioner, Ranchi at Camp Court, Khunti in Sessions Trial No. 279 of 1994 whereby and where under they have been found guilty for the offence punishable Under Section 304B of the Indian Penal Code and they were accordingly convicted and sentenced to undergo R.I. for life. However, they were not found guilty for the charge Under Sections 302/34 and 328/34, I.P.C. Accused Nirsha Devi has been acquitted of the charge Under Sections 304 -B, 302/34 and 328/34 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the Fardbeyan (Exhibit 2) P.W. 6, Bhushan Chandra Manjhi, father of Aloka Devi, the deceased of this case and the wife of appellant, Sanjay Manjhi recorded by SI Sahay Lakra of Torpa P.S., District Ranchi at village Kasmar, P.S. Torpa on 30.4.1993 at 13.30 hours regarding the occurrence which is said to have been taken place in the house of the appellant in village Kasmar, the date and time of which have not been mentioned therein. The prosecution case in brief is that the informant has three married daughters, namely, Subhadra Devi, Kanan Devi and Aloka Devi, the deceased of this case besides one unmarried daughter Namita Kumari and a son Satya Narayan Manjhi. The said Aloka Devi stands married with appellant Sanjay Manjhi son of appellant, Nakul Manjhi. One, RoVji Manjhi resident of village Kasmar came to his house and informed him that Aloka Devi aforesaid is seriously ill and in a critical condition and on getting this information he along with his wife P,W. 7, Shakuntala Devi came to the house of appellant where he found his daughter Aloka Devi dead and they enquired from the appellants as to how Aloka Devi had died but they evaded to answer their querry. The prosecution case further is that the appellants always used to intimidate Aloka Devi that she shall not be kept in her matrimonial home unless she brings Rs. 10,000/ - from his father and Aloka Devi had to come to his house several times and had .demanded money but he could not manage money for paying to the appellants and assured her that the said demands shall be fulfilled. It is also alleged that Aloka Devi had come on the occasion of Shakranti Mela in the month of January, 1993 and had again asked for Rs. 10,000/ - as demanded by appellant Nakul Manjhi failing which she shall be done to death and on some pretext she was sent back to her matrimonial home. But while she was going to her matrimonial home she has told that the appellants shall commit her murder but he did not attach much importance to her statement. It is also alleged that thereafter she did not even send a letter and also did not make any demand and he was of the impression that things were moving nicely. It is apparent from her dead body that she has been done to death and broken bangles and one container of poison was found there and he believes that both the appellants besides Puroshotam Manjhi, the brother of her husband and Nirsha Devi, Phuwa, of her husband have committed her murder by poisoning and perhaps one Rai Manjhi has assisted them in committing her murder and they wanted to cremate her dead body but they could not succeed in their venture due to the intervention of local Mukhiya. It is also alleged that appellant, Nakul Manjhi had earlier committed the murder of his sister by poisoning and cremated her dead body when the sister of Nakul Manjhi did not obey regarding her being sold.
(3.) CHARGE -sheet has been submitted on investigation against both the appellants and also against accused Nirsha Devi who was acquitted.;