SARJUG MAHTON, Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Sec. 302 read with Sec. 34 of the Indian Penal code and sentenced to rigorous imprisonment for life each by Shri D.N. Sinha, Second Additional Sessions Judge of Monghyr, in Sessions Trial No. 8 of 1967, for having committed murder of Mehtarba, a baby aged about five months in village Kusmadih. Shortly stated, the prosecution story is that on the 5th February, 1966, at about 7 A.M., Most. Barho Devi (P.W. 11) her Sautin (Co -wife) Phul Kumari (P.W. 10) and her daughter Kaushalya (P.W. 9) were sitting in the angan of their house and were warming themselves with a borsi, and Mehtarba was lying on a cot. The three accused, namely, Saryug, Kailash and Kailoo entered into the angan; and, Saryug throttled Mehtarba to death whereas Kailash caught Barho Devi and Phul Kumari and Kailoo caught Kaushalya. The three females started weeping and crying which attracted attention of Paro Devi (P.W. 1), Gobardhan Mahto (P.W. 2), Bisheshwar Mahton (P.W. 5.) and Jamuna Mahton (P.W. 6) who all came to the place of occurrence and the three females narrated to them the incident in detail. Baburam Mahton (P.W. 8), the husband of Barho Devi and Phul Kumari, was not present in the house on that day. He returned home in the evening from Monghyr, and then he learnt about the entire occurrence from his two wives, Barho and Phul Kumari, and his daughter Kaushalya. Baburam Mahto took the dead body of his son, Mehtarba, and the females, namely, his two wives and his daughter, on a bullock cart to village Anjanighat, and from there, he came to Monghyr via Barhiya. Barho Devi produced her dead child before the Sub -Inspector of Police of Town Police Station, Monghyr.

(2.) Sri Jagdish Prasad Singh (P.W. 4), Sub -Inspector of Police attached to the Town Police Station, recorded the Fardbeyan of this case on the statement of Barho (P.W. 11). The dead body of the baby was sent for postmortem examination at Sadar Hospital, Monghyr. As the place of occurrence lay within the jurisdiction of Sheikhpura Police Station, therefore the Fardbeyan was forwarded to that police station. Sri Bipin Bihari Prasad Srivastava (P.W. 12), Assistant Sub -Inspector of Police of Sheikhpura Police Station, drew up the formal first information report (Ext. 3) on the basis of the Fardbeyan (Ext. 2) and took up the investigation. He went to the place of occurrence, which is eight miles north of the police station, at 2.30 P.M. on the same day. He inspected the place of occurrence which was the house of Barho in village Kusmadih and prepared a sketch map (Ext. 4). He examined Most. Barho (P.W. 11), Kaushalya (P.W. 9), Baburam (P.W. 8), Phul Kumari (P.W. 10), Paro (P.W. 1) and Gobardhan Mahto (P.W. 2). He found the accused absconding. On the 8th February, 1966, the investigating officer examined Biso (P.W. 5) and Jamuma (P.W. 6), and on the 16th February, 1966, he made over the charge of investigation of the case to Sri D.D. -Shukla (P.W. 7), the Sub -Inspector of Police, who also went to the place of occurrence and re -examined all the prosecution witnesses. He received the post -mortem report on the 20th February, 1965. After completing the enquiry, he submitted charge sheet against the three accused persons on the 10th June, 1966.

(3.) The Sub -divisional Magistrate took cognizance of the case and Shri A.P. Chaudhary, Munsif -Magistrate, First Class, conducted the commitment enquiry under Chapter XVIII of the Code of Criminal Procedure and, finding a prima facie case made out against the accused, committed them to the Court of Sessions to stand their trial under Sec. 302 read with Sec. 34 of the Indian Penal Code.