1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 1081 OF 2006
JALADHAR MONDAL Appellant (s)
VERSUS
STATE OF WEST BENGAL Respondent(s)
J U D G M E N T
GANGULY, J.
Heard the learned Amicus Curiae in the matter as also the
learned counsel for the State.
2. This appeal is at the instance of the sole surviving
appellant against the judgment and order of conviction by the
Additional Sessions Judge, Bankura, which was affirmed by the High
Court.
3. Initially, there were three accused persons, namely, the
appellant Jaladhar Mondal, Meghnath Mondal and Smt. Rasibala
Mondal. Jaladhar Mondal is the husband of the deceased Rina
Mondal and Meghnath Mondal and Smt. Rasibala Mondal respectively
are father-in-law and mother-in-law of the deceased Rina, who was
married in the family of Mondals with the appellant-accused
Jaladhar. The death of Rina Mondal took place within one year of
2
her marriage.
4. Initially, the accused persons were charged under Section
302/201 I.P.C. alternatively under Sections 304B/398A I.P.C.
5. The trial court after a full-fledged trial, convicted the
accused persons under Section 302/201 I.P.C. and sentenced them to
suffer imprisonment for life under Section 302 and further ordered
rigorous imprisonment for three years u/s 201 IPC and to pay a
fine of Rs.1000/- each, in default to undergo further imprisonment
for three months and the sentences were to run concurrently. All
the accused persons were acquitted of the charges u/s. 498A and
304-B IPC.
6. After their conviction, an appeal was taken to the High
Court by the accused persons. During the pendency of the appeal,
Meghnath Mondal and Smt. Rasibala Mondal expired. However, the
present appellant, Jaladhar Mondal was convicted by the High Court
and the present appeal is at his instance only.
7. The incident which had taken place and led to the death of
the deceased, Rina Mondal, have been very graphically noted with
all the details in the judgment of the learned Trial Judge. So,
these facts are not repeated here.
3
8. In this case, the information was lodged by PW-4 on
receiving information on 25.3.88 about the death of the deceased,
Rina Mondal, allegedly by catching fire at the matrimonial house.
On receiving the said information, PW-4 came to the village of the
appellant and after getting the information from the local people,
lodged the complaint at the local police station alleging foul
play. On receipt of such complaint, the local police started a
specific case and thereafter getting the post mortem report from
Doctor, which confirmed homicidal death of Rina Mondal, submitted
charge-sheet against the appellant.
9. In all, 12 witnesses were examined of which PW-1 is the
brother of Meghnath Mondal (since deceased), PW-2 and PW-3 are the
neighbors of the appellant, PW-4 is the cousin of the deceased
girl and PW-6 is the father of the deceased, PW-7 is Dr. J.N. Dey,
who conducted the post mortem, PW-8 is the mother of the deceased
girl and PW-11 is the other neighbor of the appellant and PW-12 is
the Investigating Officer.
10. Both the courts - trial court and the High Court, after
detailed consideration of the evidence available on record, came
to the concurrent finding that there is no direct evidence in the
case. The evidence on the basis of which both the Courts have
proceeded was the circumstantial evidence and also the medical
evidence of PW-7. Medical evidence of PW-7 has figured very
4
prominently in the case and relying on the medical evidence of PW-
7, both the Trial Judge and the High Court negatived the defence
case that Rina Mondal died out of accidental fire in the house.
The learned Trial Judge upon very detailed consideration of the
medical evidence and by referring to various authorities of the
medical jurisprudence have come to notice the nature of injuries,
which have been sustained by Rina Mondal, particularly the
fracture of cornua of hyoid bone of both sides, fracture of first
and second ribs on the left side and fracture of first rib on
right side. The trial court held, and rightly so, that these
injuries cannot be caused by accidental fire but was the result of
manual strangulation by more than one persons.
11. The evidence of PW-7, the post moretm Doctor, is relevant
in this connection. PW-7 is a Professor and Head of the
Department of Forensic and State Medicine at B.S.M.C. & Hospital
and is obviously an independent witness. PW-7 deposed that in the
case of Rina Mondal, soot was absent in the larynx and trachea
column and that led the post moretm Doctor to opine that the burn
injuries were post-mortem in nature. On the basis of this
evidence, the learned Trial Judge came to the conclusion that the
death of Rina Mondal initially was caused by physical
strangulation and thereafter her body was thrown to the flames to
destroy evidence of strangulation and the upper portion of the
body was allowed to suffer third degree burn.
5
12. Both the trial court and the High Court found it very
strange that in a case of accidental fire, nobody other than Rina
Mondal suffered burn injuries and none of the three inmates of the
house suffered a scratch of an injury, even though the defence
case was that everybody was in the house at the time of accidental
fire when the house caught fire. There is no evidence that any
one of the inmates of the house even tried to save Rina from fire
and in the process got injured. Both the courts have also found
it very strange that in such a fire the adjoining house, which was
also covered by thatched roof and which belonged to PW-1, brother
of Megnath, did not catch fire at all. All these facts were very
correctly appreciated by the trial court and also by the High
Court to come to the concurrent finding that death of Rina was
caused by physical strangulation and then to cause disappearance
of evidence of strangulation of Rina Mondal, her body was thrown
in the flames, which was not accidental but was caused for the
aforesaid purpose.
13. Sitting in jurisdiction under Article 136 of the
Constitution of India, it is difficult for us to interfere with
such concurrent findings based on cogent reasoning and proper
appreciation of the materials on record and the evidence of the
case. It may also be noted that the appellant, who is the husband
of the deceased, did not suffer any injury and made no attempt to
6
save the unfortunate girl.
14. The appeal is, therefore, dismissed.
......................,J
(ASOK KUMAR GANGULY)
......................,J
(DEEPAK VERMA)
NEW DELHI
MAY 25, 2011
