SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Surendra Mabto along with three others accused were tried on the charge, u/S. 302/34 and S. 201 of the Indian Penal Code for committing the murder of his wife. The trial court acquitted the other accused but convicted the appellant u/ S. 302/201 of the Indian Penal Code and sentenced him to undergo R.I. for life u/S. 302 and R.I. for seven years u/S. 201 of the IPC. The sentenced have been, however, ordered to run concurrently.

(2.) Briefly, stated the prosecution case is that on 23-1-1986 Bhola Mahto, P.W. 7 submitted a written report before the Officer-in-charge Hatnaut P. S. stating therein that his daughter Shyama Devi was married with the appellant about five years ago and her second marriage was performed a year back. After the second marriage his daughter Shyama Devi complained him that the appellant had threatened to kill her and marry another girl if Radio and Wrist Watch and other articles were not given to his in-laws. Some how, he fulfilled the demand of Radio and a Wrist Watch. Thereafter, they made demand of a Fan but he could not fulfill this demand of her in-laws.

(3.) On 16-1-1986 the appellant came to his house and enquired whether Shyama had come there. He told that his wife Shyama was missing from the house since last 15 days. He stayed there in the night and went away in the morning. On 18-1-1986 his Samdhi Ragho Mahto, father of the appellant came to his house and enquired whether appellant had come there. He become suspicious and apprehensive of some untoward incident with his daughter. He insisted Ragho Mahto in his house and pressed him to disclose the truth whereupon Ragho Mahto disclosed that his daughter had been killed and her dead body had been buried under a Kothi in the southern room of his house.