RAMESHWAR MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants, father and son, being aggrieved by the judgment and order dated 16.7.2002 and 17.7.2002 passed by the Additional Sessions Judge, Fast Track Court, Jamui in Sessions Case No. 42 of 1997 holding them guilty of offence under Sec. 302/34 of the Indian Penal Code and inflicting the punishment of imprisonment for life, have preferred this appeal. Prosecution story, according to the First Information Report, given by Lakhiya Devi on 27.5.1996 at 4.15 before the Sub -Inspector of Chakai Police Station is that a day earlier i.e. on Sunday elder brother of her son -in -law Kamdeo Mahto and Arjun Mahto, a resident of village Salaiya Tard came to her house and disclosed that her daughter Jamani Devi died of vomitting and diarrhoea last night. Hearing the aforesaid information, she alongwith her co -villager Jaggu Matho (RW. 1), Laxman Mahto (RW. 2) besides other persons went to village Salaiya Tard, where her daughter was married.

(2.) There in one of the rooms she found the dead body of her daughter covered with cloth (Gendra). According to her, when she saw the dead body of her daughter after removing the cloth found blood in her mouth and mark of rubbing by rope in one side of the neck. When she enquired as to how her daughter died, aforesaid Kamdeo Mahto and Arjun Mahto disclosed that she had committed suicide and hanged herself. According to the informant, while she was weeping near the dead body of her daughter she was brought in a Mango orchard by the aforesaid Kamdeo Mahto where she became unconscious. Water was sprinkled on her face by her second son -in -law Girdhari Mahto, who had come there after hearing the news of her daughter 'sdeath. After she regained consciousness, on enquiry from the villagers she was told that her daughter was killed by her father -in -law Rameshwar Mahto (appellant no. 1 herein) and husband Bhim Mahto (appellant no. 2 herein) as also her mother -in -law.

(3.) ON the basis of the aforesaid information, Chakai RS. Case No. 28 of 1996 was registered under Sec. 302/34 of the Indian Penal Code. Police after usual investigation submitted charge -sheet and ultimately appellants were committed to the Court of Sessions, where they were charged for committing the murder of Jamani Devi in furtherance of their common intention punishable under Sec. 302/34 of the Indian Penal Code.