AJAY MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants in aforesaid two appeals were tried together and by common judgment, they have been convicted and sentenced and as such, both the appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) Ajay Mahato {appellant in Cr. Appeal (DB) No. 984 of 2013} by judgment dated 24-09-2013 was convicted for offence under Sections 304(B) and 201 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By order dated 27-09-2013, the appellant Ajay Mahato {in Cr. Appeal (DB) No. 984 of 2013} under Section 304 (B) of the I.P.C. has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand). In default of payment of fine, he has been directed to further undergo imprisonment for three months. Under Section 201 of the I.P.C., he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- (two thousand). In case of default in payment of fine, he has been directed to further undergo imprisonment for two months. Both the sentences have been directed to run concurrently. Three appellants i.e. Sanjay Mahto, Keshaw Mahto and Ratan Mahto in Cr. Appeal (DB) No. 1027 of 2013 by the same judgment i.e. judgment dated 24-09-2013 have been convicted under Section 201 of the I.P.C. and by order dated 27-09-2013, they have been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- (two thousand) each. In case of default in payment of fine, they have been directed to further undergo imprisonment for two months. The judgment of conviction and sentence has been passed by Sri Sarwajeet, learned Adhoc Additional Sessions Judge- 1st, Vaishali at Hajipur (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 371 of 2010 {arising out of Vaishali (Belsar O.P.) P.S. Case No. 200 of 2009}.

(3.) Short fact of the case is that on 17-08-2009 at 11:00 AM the incharge Beslar O.P. namely, Jagat Kishore Prasad recorded fardbeyan of Manoj Kumar Mahto (P.W.7), son of late Rameshwar Mahto, resident of village Dharampur Bandey, P.S.- Tajpur, District- Samastipur. The said fardbeyan was recorded in the house of appellant Ajay Mahato {in Cr. Appeal (DB) No. 984 of 2013} in village Chaktaiyab, police station- Belsar. In the fardbeyan, the informant disclosed that on 25-05-2006, he had solemnized marriage of his sister namely, Vinita Devi aged about 22 years with the appellant Ajay Mahato {in Cr. Appeal (DB) No. 984 of 2013} as per Hindu rituals. After the marriage, his sister started to live alongwith her husband Ajay Mahato in her in-laws house. He disclosed that at the time of solemnization of marriage, he had given cloths, ornaments, utensils and others as well as an amount of rupees one lakh. While his sister went to her in-laws house, her husband 1. Ajay Mahato (sole app.in Cr.App.DB No. 984/13), 2. mother-in-law Kaushalya Devi, 3. elder brother of husband of the deceased Sanjay Mahato {appellant no. 1 in Cr. Appeal (DB) No. 1027 of 2013} and 4. Sumitra Devi (wife of Sanjay Mahto), all started to demand a motorcycle and Rs. 50,000/- (fifty thousand) as dowry, which fact was regularly being communicated by Vinita Devi (deceased) to the informant. She was also informing that due to non-fulfillment of the demand, she was regularly being tortured. After getting information, P.W.7 went to in-laws' house of his sister and tried to persuade them that he was not in a position to fulfill such demand, however; the informant was forced to return back. On 16/17 August, 2009 in the morning at about 04:00 hrs. on his mobile, he got an information that the dead body of his sister has already been disposed of. After getting such information, the informant with his uncle Dukhit Mahto (P.W.9), Vinay Kumar (not examined), Dhirendra Kumar (P.W.2) along with Mahendra Mahto (not examined) reached the in-laws house of his sister, where he did not find his sister and noticed that [1] (elder brother of the appellant), [2] (wife of elder brother of his sister's husband) had already absconded after leaving the house. He inquired from the mother-in-law of his sister about his sister, however; she did not say anything. The informant tried to get information by way of moving in the village, then he came to know that in the preceding night, due to non-fulfillment of demand of dowry, Ajay Mahato (app.in Cr.App.DB No. 984/13), Sanjay Mahato (app.-1 in Cr.App.DB No. 1027/13), Kaushaliya Devi and Sumitra Devi all had killed his sister and disappeared the dead body. He also got information that in concealment of dead body, Ratan Mahto and Keshav Mahto (appellant no. 3 and 2 respectively in Cr. Appeal (DB) No. 1027 of 2013) of village Chaktaiyab had also assisted the accused persons. He further stated that while he was in the midst of searching his sister, the police of Belsar police station, after getting information arrived there and recorded his fardbeyan, which was read over to him and after finding it correct, the informant Manoj Kumar Mahto (P.W.7) put his signature. The said fardbeyan on the same date i.e. 17-08-2009 was forwarded to S.H.O., Vaishali for instituting a case under Sections 304(B), 201, 120 (B), 34 of the I.P.C.