MOHAN KUMAR MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) BY the judgment, dated 14.10.2009, passed, in Sessions Trial No. 520 of 2008, by learned Sessions Judge, Saran, Chapra, the accused -appellant, Mohan Kumar Mahto, stands convicted under Section 302 of the Indian Penal Code. In consequence of his conviction, the accused -appellant stands, under the order, dated 16.10.2009, sentenced to suffer imprisonment for life and fine of Rs. 5,000/ - and, in default of payment of fine, further undergo rigorous imprisonment for a period of one year.

(2.) THE case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:

(3.) IN support of their case, prosecution examined altogether 9 (nine witnesses). The accused was, then, examined under Section 313(1)(b) of the Code of Criminal Procedure, 1973, and in his examination aforementioned, the accused denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that the family members of the deceased, including PW 1, PW 2, PW 3 and PW 5 (being brothers -in -law and sister -in -law), were unhappy with the deceased, who had an immoral character and had given birth to her youngest son two years after the death of her husband and they are the persons, who stand to gain, from the death of Saraswati Kunwar, since Saraswati Kunwar was a widow. The accused has, therefore, been falsely implicated by PW 1, PW 2, PW 3 and PW 5. The defence, too, adduced evidence by examining two witnesses.