- (1.) PETITIONER had filed this revision application against the order dated 15th September, 2009 passed by the Principal Judge, Family Court, Palamau at Daltonganj in connection with Misc. Case No. 66 of 2005 whereby, the court below has directed the petitioner to pay monthly maintennace allowance @ Rs. 1,500/ - per month form the date of filing of the application and to pay before 15th day of each month from October 2009 and onwards. Further, it has been directed also to pay arrear of maintenance allowance from 16.11.2005 to September 2009 in three equal installments within three months of the order.
(2.) AS both the appeals arose out of the said common judgment, the same have been heard together and are being disposed of by this common judgment. The prosecution against the appellants was launched on the basis of fardbeyan of Ghasi Ram Mohanthy (PW. 8) dated 13.1.1999 who happened to be the father of the deceased Pradip Mohanthy.
(3.) THE prosecution case, in brief, is that on 13.1.1999 at about 1.30 p.m. Dilip Samal had come to the house of the informant and proposed for going to the market for selling fish. The informant accompanied Dilip and went to the market at the place where informant's son Pradip Mohanthy was already selling fish. Dilip Samal was having a Pankhi (Bathi) in his hand. When they reached in the market, Dilip Samal went to Panchu Kaibarta and had some conversation with him. At about 2 p.m. Dilip Samal started wandering in the market and declaring that today is the Bouri Festival (previous to Makarsankranti) and that he would kill Pradip. Thereafter he came, where the informant's son was selling fish, and gave a heavy Balthi blow on his neck causing severe cut injury followed by profuse bleeding, Pradip rushed to hospital but he could not survive and succumbed to the injury. Informant alleged that the cause of incident was differences between the informant's son and Dilip regarding selling of fish as the informant's son was selling fish at a lower price.;