RANJAN KUMAR MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 306 Indian Penal Code and sentenced to rigorous imprisonment for seven years and three years respectively by the 2nd Additional Sessions Judge, Begusarai by a Judgment and order of conviction dated 28/29.7.1999 passed in Sessions Trial No. 15 of 1996. The case of the Informant Srikant Mahto is that on 11.7.1995 at about 7.00 P.M. he stayed in the house of the brother -in -law Om Prakash Mahto and slept there. When he awoke at about 5 -6 A.M. he heard some people saying that his daughter had died. He then went to the house of his son -in -law and found that no one was present there and it was closed. He went to the Hospital where he found the dead body of his daughter there. From her dead body it appeared that she had died of sustaining burn injury. He suspected the Appellant who was her husband of having committed the murder since he was entangled with another woman.

(2.) DURING Trial, the Prosecution examined seven witnesses out of whom PW -7 Bashishtha Narayan Singh is formal in nature who had allegedly recorded the statement of Amar Prakash, Munna Kumar and Srikant Mahto under Section 164 Cr.P.C. on 4.8.1995. PW -1 Dr. A.K. Jha was the person who conducted the postmortem on the deceased and found superficial burn injuries on the person of the deceased which had caused her death.

(3.) PW -4 is the Informant who stated that about a year ago he had come to the house of the deceased and about 7 -8 P.M. he saw that his son -in -law had beaten up her. After placating the matter, he returned to the house of his brother -in -law Om Prakash Mahto at about 9 -10 P.M. When he awoke in the morning at about 6.00 A.M., he heard some woman saying that the Appellant had killed his wife, upon which, he went to her house and not having found anyone there, he went to the Sadar Hospital Begusarai where he saw her dead body. Thereafter, a First Information Report was instituted and investigation ensued. He stated that for the first five years his daughter had been kept properly but thereafter Appellant being entangled with another lady, started torturing her.