Patna High Court
Amit Kumar Mandal @ Lucho Mandal vs The State Of Bihar on 27 February, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4238 of 2023
Arising Out of PS. Case No.-215 Year-2019 Thana- NAUGACHIA District- Bhagalpur
======================================================
Amit Kumar Mandal @ Lucho Mandal S/O- Late Bajnath Mandal Village-
Nawada Ps- Naugachia Dist- Bhagalpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amrendra Kumar, Advocate
For the Respondent/s : Mr. A.M.P, Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
Date : 27-02-2025
Heard Mr. Amrendra Kumar, learned counsel for the
appellant and Mr. A.M.P. Mehta, learned APP for the State.
2. The present appeal is directed against the judgment
and order of conviction/sentence dated 16.08.2023/19.08.2023
passed by the learned Additional District and Sessions Judge
2nd Naugachia, Bhagalpur in Sessions Trial No. 213/2020 by
which the appellant has been convicted under section 304(B)/34
of the IPC and sentenced to undergo as follows:
Sr. Appellant's Sentence Fine In Default of Fine
No. name
1. Amit Kumar R.I. for ten NA NA
Mandal years under
section
304(B) of
the I.P.C.
3. Earlier, the matter was admitted on 13.12.2023 by
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
2/13
the Coordinate Bench and the Trial Court Record was called for
which has now been received.
4. As per the prosecution story, the informant Bablu
Mandal, father of the deceased, on 02.07.2019 got an
information about the killing of his daughter by the husband/in-
laws. As he reached the place, found her lying on a cot with
marks on her neck while all the accused persons/in-laws had
disappeared. The allegation is that for want of motorcycle, she
has been killed. This led to the F.I.R.
5. The Police investigated the matter and submitted
charge-sheet under section 304(B)/34 on 30.11.2019 against the
sole appellant while continuing the investigation with regard to
the other accused persons. The charges were framed on
05.12.2020
and the trial commenced against the appellant.
6. The prosecution in support of the case produced six
witnesses as under:
PW-1:- Manish Kumar (brother of the
Informant)
PW-2:- Raj Kumar Mandal (brother of
Informant0
PW-3:- Bablu Mandal (Informant)
P.W-4:- Dr. Rakesh Jha (Doctor who done post
mortem)
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
PW-5:- Ajay Kumar (I.O.)
PW-6:- Umesh Yadav (I.O.)
7. The defence also came forward with a sole witness
namely Kanchan Devi.
8. The exhibits produced by the prosecution read as
follows:
Exhibit 01:- Signature identified on post-
mortem report by Manish Kumar.
Exhibit 02:- Signature identified on inquest
report by Raj Kumar Mandal.
Exhibit 03:- LTI identified on the fardbeyan by
Bablu Mandal PW-3 and also identified the
signature of Vivekanand Mandal on the
fardbeyan.
Exhibit 04:- PW-04 has assigned on the post-
mortem Report.
Exhibit P5:- Signature identified on the charge-
sheet by Ajay Kumar PW-5.
Exhibit P 5/1:- Signature identified by Ajay
Kumar PW-5 on the same charge-sheet of Sub-
Inspector of Police-cum-Officer-in-Charge.
Exhibit P-6:- Signature identified by Ajay
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
Kumar PW5 on the formal F.I.R. of the Officer-
in-Charge-cum-SHO-Raj Kapoor Kushwaha.
Exhibit P-7:- Signature identified by Umesh
Yadav (PW-6) on the inquest report of PW-1
Manish Kumar, Raj Kumar Mandal, Srikant
Choudhary (A-SI) Naugachia Camp, Nawada.
9. As recorded, as the sole accused/appellant denied
the allegation that was read over to him, the trial took place.
PW-1 Manish Kumar is the Uncle of the deceased who
supported the prosecution story and according to him, upon
information by the villagers, he went to the place and found his
niece dead, lying on a cot. The Naugachia Police came thereafter
and recorded the statement of his brother Bablu Mandal (PW-3)
whereafter the dead body was taken for post mortem and he put
in his signature on the inquest report (exhibit 1). He further
supported the prosecution story that the appellant used to
demand motorcycle and as the same was not fulfilled, his niece
was strangulated.
10. PW-2 Rajkumar Mandal is again the Uncle of
the deceased and his version is also the same. According to him,
there was a black sign on the neck of the deceased, his signature
was taken on the inquest report (Exhibit 2) and further deposed
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
that he had knowledge about the demand of motorcycle before
the alleged occurrence and his niece also informed the
informant four days ago that she may be killed.
11. PW-3 is the informant and father of the
deceased. According to him, he was at home when received the
information about the murder of his daughter. Thereafter they
went to the place and saw her dead body lying on a cot with sign
of ligature. He put in his signature on the fardbayan and
identified the same (Exhibit 3). In his cross examination, PW-3
recorded that he along with villagers including some ladies went
to the village upon information. He further deposed that the
demand of motorcycle was also informed to the 'Mukhiya'.
12. PW-4 Dr. Rakesh Jha was serving as the Medical
Officer at Sub-Divisional Hospital, Naugachia. He is an
important witness who conducted the post mortem and the post
mortem report read as follows:
I have posted on dated 02-07-2019 in S.D.H,
Naugachia.
2. I examined Preeti Kumari 22 years female wife
of Amit Kumar @ Lucho Mandal, Nawada, P.S.,
Naugachia District Bhagalpur on 02-07-2019 at
06:00 P.M.
On external examination multiple bruise mark
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
over neck informant of neck and lower surface of
mandible.
Size of abrasion more over by side thyroid.
Swelling of upper and lower lip.
Multiple bluish discolornation over chest with
enlarge vain.
On dissection- V shape dissection of neck shows
extra vexation of blood beneath the injured area.
Area of bruise in underline muscle anterior and
both the side. Bruise also at base of tongue, all
viscera congested life liver, spleen kidney lung.
Right chamber of heart filled with dark blood
and left chamber empty.
Cause of death- Asphyxia due to throttling.
Time elapsed since death 6 to 18 hours.
13. In his deposition, the Medical Officer informed
that on external examination, he found multiple bruise mark over
the neck and mandible size of abrasion over thyroid cartilage and
there was swelling on upper and lower lip. Further, multiple
bluish discolouration over the chest was also found. He had
further given the cause of death as asphyxia due to throttling.
14. PW-5 is the Second Investigation Officer namely
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
Mr. Ajay Kumar, Assistant Sub-Inspector of Police at Police
Station Naugachia who got the charge from the first
Investigating Officer Umesh Yadav (PW-6). When he took
over the charge, got the information that the appellant has
surrendered on 21.08.2019 and is under judicial custody. The
charge-sheet thereafter was submitted on 30.11.2019 under
sections 304(B)/34 of the I.P.C and he identified his signature on
it (Exhibit P/5). He further identified the signature of the Police
Inspector-cum-Officer Incharge (Exhibit 5/1) and the signature
of SHO, Raj Kapoor Kushwaha (Exhibit P/6).
15. PW-6 is Umesh Yadav, the first Investigating
Officer who at the relevant time was posted at Naugachia Police
Station and was handed over the charge of investigation by the
SHO, Naugachia, Raj Kapoor Kushwaha. According to him,
upon getting the charge, he proceeded to the place of occurrence
after information about the killing of a girl due to strangulation.
He prepared the inquest report and took the restatement of Bablu
Mandal (informant) as also the statement of Manish Mandal. He
identified the signature of PW's Manish Kumar, Rajkumar
Mandal, Shrikant Mandal (exhibit P-7)
16. The defence on the other hand produced one
Kanchan Devi (DW-1). According to her, the couple had
solemnized love marriage and were living happily. However, as
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
the informant side were unhappy with the love marriage, the girl
whenever she used to talk to the parents, was depressed. On the
fateful day, she found the lady tying knots, requested her not to
do so and then left for her home. Later, she came to know about
her death.
17. The place of occurrence has been recorded by the
Investigating Officer. According to him, he found a long room
with a tin roof and save and except the cot on which the dead
body was found, everything was removed by the accused side.
18. The defence took note of the deposition of the
PWs to show that there is no consistency between them and as
such, when none of them actually have seen the occurrence, in
that background, the appellant deserves relief as the prosecution
failed to prove the case beyond doubt.
19. Learned APP before the Trial Court opposed the
same and submitted that the post mortem report that has come on
record as also the deposition of the Doctor fully supports the
prosecution story. According to him, within couple of days of the
girl informing her mother that she may be killed for want of
dowry, the killing took place which cannot be ignored in the
background of the post mortem report. The place of occurrence
is also a testimony to the said killing. He has also taken note of
the deposition of the DW-1 that she was asked by the sister-in-
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
law of the appellant to depose before the court and whatever she
narrated, it has been deposed by her.
20. Having gone through the facts of the case, the
learned Trial Court came to the conclusion that the killing took
place within seven years of the marriage, for want of motorcycle.
Further, she was regularly thrashed and on the fateful day, the
girl was throttled to death. Learned Trial Court held that the
minor difference between the prosecution witness cannot be an
alibi to give benefit of doubt to the appellant.
21. In that background, the Trial Court convicted the
appellant under section 304(B)/34 of the I.P.C. vide an order
dated 16.08.2023 and sentenced him to ten years rigorous
imprisonment vide an order dated 19.08.2023.
22. Aggrieved, the present appeal.
23. It is the case of the appellant as narrated by Mr.
Amrendra Kumar that there is no eye witness to the occurrence.
Upon knowledge of the death, they arrived, are not consistent on
actual date either with regard to the marriage or the killing. The
further submission is that actually the girl was depressed with
the attitude of the parents as she had entered into love marriage
and whenever she used to converse with the parents, was
depressed.
24. He further submits that the deposition of the DW-1
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
clearly show that she was very happy with the husband/in-laws.
Further, this being the love marriage, there was no reason to
demand motorcycle.
25. He submits that the Trial Court completely failed
to look into these aspects and convicted the appellant to ten
years rigorous imprisonment under section 304(B)/34 of the
I.P.C. which need interference. He has remained in custody since
21.08.2019 which must be also taken into account.
26. Learned APP on the other hand opposes the appeal
and submits as follows:
i) the killing took place within seven years of the
marriage;
ii) there was demand of motorcycle and all the
witnesses are consistent on it that just four days
prior to the occurrence, she had informed her
mother that failure to provide the motorcycle, she
may be killed;
iii) when the police reached the place of
occurrence, each and every accused had
escaped, the room was empty save and except the
cot on which the deceased was placed;
iv) there was nothing in the room to show to the
prosecution that it was not killing rather than
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
suicide by the lady;
v) the post mortem report of the Doctor clearly
proves that not only it is case of strangulation,
prior to that, there was also assault as there was
bruised lips and blue colourisation of the chest.
27. He submits that when the defence failed to provide
anything to show save and except the deposition of DW-1 which
is unreliable as according to her she accepted that the lady
deposed whatever was parroted to her by the sister-in-law of the
appellant. In that background, the Court judgment needs no
interference.
28. This Court has heard the parties at length and also
perused the Trial Court record. The points raised by learned APP
is worth consideration. Even assuming that it was a love
marriage, the killing took place within seven years. Further, each
and every prosecution witnesses have narrated that just prior to
the occurrence, the deceased had informed that the appellant was
demanding motorcycle and non-fulfillment of the same led to the
killing.
29. The Court further cannot take its eyes away from
the post mortem report which clearly shows that beside the
findings of strangulation, the Doctor also found bruises on her
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
lips and a blue colourisation of chest. The Doctor (PW-4) posted
at Sub-Divisional Hospital, Naugachia who conducted the post
mortem came to the definite conclusion that it is asphyxia due to
throttling.
30. The defence on the other hand has not come
forward with any alibi to distrust the findings of the Doctor of the
Sub-Divisional Hospital, Naugachia. This Court cannot further
overlook the fact that when the Investigating Officer visited the
place of occurrence, the accused persons were absent. This
despite the fact that the death of appellant's wife had taken place.
Not only that, save and except the cot on which the deceased was
placed, not a single item was present in the said room. This
clearly point fingers towards their role as the accused suddenly
did not leave the place of occurrence, that they took plenty of
time to remove all the house hold materials before they escaped.
31. It has also to be taken note of the fact that the
mortal remains were consigned to the flames neither by the
father of the deceased nor the accused side but the said rituals
were performed by one 'Baba'.
32. DW-1, Kanchan Devi is an unreliable witness.
Firstly, she deposed that having found the lady tying knots, she
requested her not to do so and then went home. Any sane person
in such circumstances would have either taken the lady with her
Patna High Court CR. APP (SJ) No.4238 of 2023 dt.27-02-2025
and/or shall remained present with her till some of the family
members come. However, under no circumstances, anyone could
have left a lady alone when the life of an innocent was at stake.
This clearly proves that it is/was a parroted version which she
too acknowledged in her deposition.
33. This Court is thus of the opinion that the appellant
failed to disapprove the findings of the Trial Court which led to
his conviction. In that background, the well defined judgment of
the learned Trial Court dated 16.08.2023/19.08.2023 passed in
Sessions Trial No.213/2020 need no interference.
34. The appeal stands dismissed.
(Rajiv Roy, J)
vinayak/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 03.03.2025
Transmission Date 03.03.2025
