HARENDRA MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amish Kumr Jha learned amicus curiae for the appellants, learned counsel for the appellants, who later on appeared before the Court and learned A.P.P. for the State on both these criminal appeals.

(2.) Both these criminal appeals have been preferred against the judgment and order of conviction dated 09.10.2012 and order of sentence dated 11.10.2012 passed by the IIIrd Additional Sessions Judge, Hilsa (Nalanda) in Sessions Trial No.19 of 1998, arising out of Chandi (Nagarnausa) P.S. Case No.210 of 1997, whereby the learned trial Court convicted the accused, Harendra Mahto, Gigal Mahto and Santra Devi under Section 302/34 and 201/34 of the Indian Penal Code and sentenced them to undergo rigours imprisonment for life and also slapped them with a fine of Rs. 5000/- each and in default of payment of fine to further undergo rigours imprisonment for three months for the offence under Section 302/34 I.P.C. and further sentenced them to undergo rigorous imprisonment for three years and also slapped them with a fine of Rs. 2000/- each and in default of payment of fine to further undergo rigorous imprisonment for 30 days for the offence under Section 201/34 I.P.C. Both the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Chandi (Nagarnausa) P.S. Case No.210 of 1997 was instituted under Section 302/ 201/34 of the I.P.C. against Harendra Mahto, Gigal Mahto and Santra Devi on the basis of fardbeyan of Chaukidar No.12/7, Deo Narain Paswan of P.S. Nagarnausa recorded by S.I. Dinesh Kumar Singh, Officer-in-Charge of Nagarnausa P.S. on 15.07.1997 at 5:15 PM near Lachchhu Bigha more with the allegation in succinct that on 15.07.1997 at about 8 AM, he learnt in village about floating of decapitated dead body with severed limbs of lady and of a female child in a ditch in village Mohinuddinpur. On the said information, he rushed there and found a decapitated dead body with severed limbs floating in the ditch and beheaded dead body of female child aged about 9-10 years with severed one leg floating about 1/2 KM ahead of the aforesaid dead body. The locals congregated there and identified the aforesaid dead bodies to be of Manorma Devi and her daughter. The said Manorma Devi was wife of Bhagwan Das and after demise of Bhagwan Das she got hitched with Harendra Mahto two years back and was residing with him. She was blessed with one son and one daughter with Bhagwan Das and one daughter with Harendra Mahto one year back. Harendra Mahto is also having his first wife and children from her even then he along with Manorma Devi and her children used to live in Hilsa. He had arrived in the village Raghunathpur 3-4 days back along with Manorma Devi and children. Manorma Devi had purchased a bullet motorcycle and Tata 407 for Harendra Mahto by selling out her house and shop located in village Nagarnausa. The aforesaid vehicles were in use of Harendra Mahto. The locals converged near the dead body uttered that after taking the property of Manorma Devi she had became burden on Harendra Mahto and his father, Gigal Mahto and wife did not like to see her and Harendra Mahto, his father and wife eliminated Manorma Devi and her daughters by slitting their necks and severing their limbs and concealed the limbs and head at some unknown place while dumped the trunk in the water. After giving information at the P.S. when he along with SHO and several people arrived near the dead body. He found the dead body of the female child missing, which seems to have floated away somewhere in the flood water. Harendra Mahto, his father and his first wife along with their children had absconded.