- (1.) THE appellant, Niranjan Mandal, was arrayed as A1 along with Asho @ Ashutosh Manda and Dropadi Mandal, who were arrayed as A2 and A3 respectively. They Page 905 were tried under Section 304B and 201 I.P.C. The Trial Judge, while acquitting Asho @ Ashutosh Manda and Dropadi Mandal, found the appellant alone guilty under Section 304B and 201 I.P.C and on being found guilty, the appellant Niranjan Mandal was sentenced to imprisonment for life under Section 304B I.P.C and was also sentenced to imprisonment for three years under Section 201 I.P.C with a further direction that both the sentences will run concurrently. The present appeal is against the said conviction and sentence.
(2.) THE facts are: Gita Devi was given in marriage to the appellant in the year 1990. Before her marriage, she was living with her father P.W.6 Dhaneshwar Mandal and her mother P.W.10 Kamleshwari Devi. After the marriage, she went to the house of her husband (appellant) in the village - Chhoti Kalyani. She was there for some time and returned to her parental home. In the month of Baisakh in the year 1993, there was Gouna as it was the custom in her community. Thereafter, she returned to her husbands home and was residing with her husband. After she came to her husbands home, the appellant started demanding dowry. He was asking a T.V., a cow, a she -goat and some jewellery. He used to beat her. The deceased Gita Devi complained to her father Dhaneshwar Mandal and also informed P.W.4 Moti Lal Mandal and P.W.9 Sidheshwar Mandal as well as her cousin P.W.1 Shyam Mandal. A Panchayati was convened and at the Panchayati, P.W.2 Gauri Mandal, P.W.3 Gaya Ram Singh and P.W.4 Moti Lal Mandal were present along with other villagers. On hearing the complaint of the deceased and her father P.W.6, the Panchayat, thus, questioned the appellant and the appellant gave an undertaking that he will behave properly in future. He also undertook not to beat his wife for not giving the she -goat, cow, T.V and jewellery. On the undertaking given, the Panchayat asked the parties to live in peace. The deceased was taken by her father P.W.6 to his house for a month, probably, with a view to allow the parties to cool their temper. After spending a month in her fathers house, the deceased returned to her matrimonial home. This was just prior to 24.1.1994. On 24.1.1994 P.W.6 Dhaneshwar Mandal was informed by a school teacher that his daughter is found dead in her matrimonial home. P.W.6 rushed to the house of his daughter and found her body hanging from the roof. The appellant was not seen in the home. He raised hue and cry and on receipt of the information, the Police Officer, P.W.13, reached the scene of occurrence. The body was brought down and the fardbeyan, Ext.5, was given by P.W.6, on the basis of which a crime was registered and investigation was taken up. Inquest over the dead body was conducted and the inquest report is Ext.7. After the inquest, the body was sent to the hospital for autopsy. Dr. Kalanand Choudhary, who was examined as P.W.12, conducted autopsy and he found one ligature mark on the neck of the victim. The Doctor also noticed the tongue of the deceased bitten between upper and lower jaws of the teeth. He also found saliva dribbling out of mouth. He issued Ext.3, the post mortem certificate, with his opinion that death is account of asphyxia as a result of hanging.
(3.) AFTER the completion of investigation, final report was filed against the appellant and when he was questioned under Section 313 Cr.P.C, he stated that he was not in the village but he was at the college. No witness was examined on his side.;