RAJA RAM MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment of conviction dated 20th of August, 1991 passed by the learned 2nd Additional Sessions Judge, Begusarai by which the appellants were convicted of offences under Sections 302 and 201 IPC and after being heard on sentence on 21st August, 1991 they were directed to suffer rigorous imprisonment for life for being convicted under Section 302/201 IPC as also to serve rigorous imprisonment for seven years for being convicted under Section 201 IPC.

(2.) THE case related to the death of one Meena Devi who happened to be the sister of P.W. 9 who alleged that his sister had been murdered by the accused persons and her dead body made to disappear. P.W. 9 stated that he having received an information about the incident went to village -Chhaurahi and found the house of the accused persons locked and after making enquiry from the persons of the neighbourhood, he came to know that Meena Devi had been murdered in the night intervening 4th - 5th of November, 1979 and her dead body was cremated.

(3.) ELEVEN witnesses were examined by the prosecution and what appears is that P.Ws. 1 to 7 were declared hostile on account of having not supported the prosecution case. P.W. 8 Tej Narain Mahton stated that he learnt from some persons, whose name he did not disclose that Meena Devi had been killed and a story was hatched up that the very residential house of the accused persons caught fire and Meena Devi was engulfed by the flames and died of burn injuries. P.W. 8 has stated that he rushed to the house of P.W. 9 Maheshwar Mahton to inform him and accordingly, he also came to village -Chhaurahi and after gathering information lodged the report.