SURENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE death reference and the criminal appeal have been heard together as they relate to the same accused, Surendra mahto who was tried along with one Manoj kumar Pandit for the offence under Sections 376 and 302/34 of the IPC relating to rape on Ranju Devi, wife of the appellant and her murder. By the judgment under appeal dated 24th of July, 2006 the learned Additional sessions Judge, FTC-III, Samastipur has convicted the appellant for the offence under Section 302, IPC and awarded death sentence. He has been further convicted for the offence under Section 376 read with section 34 of the IPC and awarded imprisonment for life. The other accused, Manoj kumar Pandit was also convicted for the offence under Sections 302/34 and 376 of the ipc and awarded imprisonment for life. It appears that he has not preferred any appeal against his conviction so far.

(2.) THE prosecution case as appearing from the fardbeyan of the informant, Ranju devi who subsequently died, in short is that on 13-12-2001 she went from the village of her husband to meet her mother. When she and her husband reached the market place in the village, Sakhmohan at about 2. 00 p. m. her husband stopped in the way after crossing Rampur Ghat. She met her mother in the Pethia (Market), soon her husband came there and asked her to return to his place. In the way her husband's friend, co-accused, manoj Kumar Pandit met them in the way at village, Karak Pethia. He bought some kachari which she refused to eat but he and her husband ate Kachari and also went to a nearby place to have wine together. Soon it was 5. 00 p. m. and hence she asked her husband to take her to reach home but he replied that he would stay at the place of his friend, Manoj Kumar Pandit. Manoj proceeded early and the informant and her husband left thereafter. When they crossed the railway crossing in the south of village, karaka. her husband brushed aside her objections and forced himself upon her to have sexual intercourse in a nearby banana field. From there they proceeded for village, aka Bishanpur that is the village of co-accused, manoj Kumar Pandit who also joined them at the embankment of village Desari. From there they went together and after some time her husband expressed the necessity of attending call of nature. She wanted to remain on the embankment with manoj but she was persuaded to go with her husband at the bank of the river. There she was forcibly undressed by her husband. On protest he closed her mouth and loudly called the co-accused who came running and over powered her hands and pressed her mouth. Thereafter she was sexually assaulted by her husband. He then pressed her hands and mouth and the co-accused also assaulted her sexually. Thereafter co-accused, Manoj Kumar Pandit tied her hands with a fine plastic rope and closed her mouth with his hands. Her husband, the appellant took out a knife and gave three blows at her neck with an intention to kill her. As a result the neck began to bleed profusely. Thereafter both the accused threw her into river. She went inside the water and remained Inside for some time and when the accused persons moved away then she could manage to come out of the river. She searched out two pieces of her clothes and after putting on the same she pressed her injured neck with her hand and went running to the railway crossing. There the lady owner of the toddy shop offered her sari and clothes to cover her body and also ignited fire to warm her up. Then she was taken to desri Chowk where she was given some medicine etc. by a local doctor and the local choukidar informed the police station. She disclosed the reason behind the occurrence to be her husband's love affair with a girl in delhi to which she had objected. The aforesaid fardbeyan appears to have been recorded by ASI, Vidya Sagar Paswan on 13-12-2001 at 2130 hours at village, Desari Chowk.

(3.) FURTHER case of the prosecution as appearing from the records is that the injured informant, Ranju Devi was forwarded to Bibhutipur Primary Health Centre for medical check up and treatment and after the same she was referred to Samastipur hospital also for treatment. Thereafter she came back to Vibhutipur Primary Health centre and then to her parent's home where she appears to have died on 18-12-2001. On information the I. O. came to village, sakhmohanand the inquest report (Exhibit- 4)was prepared on 18-12-2001 at 1300 hours. The dead body was sent for postmortem examination at Sadar Hospital samastipur which was conducted on 19-12-2001 at 9-30 a. m. After investigation police submitted charge-sheet against both the named accused including the appellant. The case was committed to the Court of sessions for trial. Both the accused pleaded not guilty to the charges and hence faced the trial. They were ultimately convicted and sentenced by the judgment and order under appeal.