RAJENDRA MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THREE appellants, Rajendra Mahton, Khalthu Mahto and Kare Mahton, have preferred this appeal against the order of their conviction under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life passed in Sessions Trial no.120 of 1985 arising out of Beldar P.S. Case no. 31 of 1984 by learned Additional Sessions Judge, XI, Munger.

(2.) THE prosecution case, in short, as appear from Fardbayan of Kamo Mahto (not examined) recorded on 08th March, 1984, is that his cousin sister, Sumitra Devi, had some quarrel with her mother-in-law in previous evening. Her husband was working at Punjab and in the morning he heard that Sumitra Devi is dead and preparation for her cremation is going on. He arrived at her house and asked from her father-in-law that is appellant Rajendra Mahton who informed that due to some pain in stomach she died. When he could be able to see her dead body he found that she had been killed by strangulation with the help of some rope. So he informed local Sarpanch and Chaukidar (both not examined) and on whose intervention cremation was stopped. Meanwhile, Police arrived and his statement was recorded. He further disclosed fathers name of the deceased as Bishun Mahton (P.W.4).

(3.) IN the opinion of the doctor to establish commission of suicide existence of ligature mark on the upper part of the neck is a must. IN absence thereof the theory of suicide is not to be believed. IN this background, we are to examine oral and other evidence available on the record.