POSHAN MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) The sole appellant has been convicted under Sections 376, 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code, a term of ten years' rigorous imprisonment under Section 376 of the Indian Penal Code and a term of five years' rigorous imprisonment under Section 201 of the Indian Penal Code. The sentences passed under Sections 376 and 201 of the Indian Penal Code have been directed to run concurrently, whereas the sentence passed under Section 302 of the Indian Penal Code has been directed to run consecutively.

(3.) The prosecution case, as disclosed in thefardbeyan of the informant Phulendra Mahto (PW 8) recorded on 18.2.1992 at about 7.00 p.m., shortly stated, is that on 15.2.1992 at about 10.00 a.m. his sister Marani Kumari aged about 12-13 years had gone to Jamlahi Bahiyar of village Akashpur to cut grass. Till evening she did not return, consequently thereof, the informant and his parents started searching her, but she could not be traced out. On 16.2.1992 they went to their near relatives to enquire, but no trace was found and, ultimately, on 17.2.1992 the informant learnt from the villagers that on 15.2.1992 when his sister was cutting grass in Jamlahi Bahiyar her cousin brother Poshan Mahato, the appellant, was also in the same Bahiyar. On getting this information, the informant and other villagers started searching Poshan Mahato, but he could not be found in his house and, ultimately, the informant came to know that Poshan Mahato was hiding himself in the Diara area. He along with the villagers went towards Diara area, where Poshan Mahato was caught The matter was enquired into from Poshan Mahato, who in the beginning refused to divulge anything, but, later, confessed before the informant, Kailash San, Ram Sagar Yadav, Ram Bahadur Mahto, Gyani Mahato and Sadanand Mahato and other villagers that on 15.2.1992 finding Marani Kumari alone in the field he along with Joko Mahto, Ram Bilas Mahato and Rajo was were there from before, caught hold of her and took her to wheat field and there they committed rape on her one after another and after commission of rape she was strangulated to death and to hide the dead-body, they dug a ditch with the help of khurpi and put the dead- body in a gunny bag and burried the same in the wheat field of Munna Singh. Poshan Mahato (the appellant) further disclosed that he can show the place where the dead-body of Marani Kumari was burried. Then the informant along with the villagers went with the accused-appellant, Poshan Mahato, and on pointing out by this appellant, the dead-body of Marani Kumari was taken out of the ditch kept in a gunny bag from the wheat field of Munna Singh. On opening the gunny bag, the informant and the villagers identified the dead-body as of Marani Kumari. They had found blood around the nose and mouth of the deceased and the neck was found swollen and her salwar and frock were found torn. Several persons collected over the place of occurrence and the village mob assaulted the appellant, Poshan Mahato, as a result of which Poshan Mahato, the appellant, sustained injuries on his person. The village chowkidar and dafadar, reached there subsequently and on arrival of SI of Singhaul Police Station, PW 11, the fardbeyan of the informant was recorded.