JAMUNA MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence passed by the third Additional Sessions Judge, Hazaribagh on 27-9-1989 in S.T. No. 27 of 1984 whereby and whereunder the appellants Jamuna Mehta, Lal Mohan Mehta and Raju Mehta @ Rajkumar Mehta have been convicted under Section 302 read with Section 34 and Section 201 of Indian Penal Code and sentenced to undergo imprisonment for life and rigorous imprisonment for five years respectively. However, their sentences have been directed to run concurrently.

(2.) According to the prosecution appellant No. 3 Raju Mehta @ Raj Kumar Mehta had been married to one Chhotni Devi of village Masnodih within Koderma Police Station in the district of Hazaribagh (now Koderma) sometime in the year 1982 and she was residing at her matrimonial home at Mahatbania Mahua Tola of village Domchanch within the same police station. On 3-3-1983 at about 4 in the morning, appellant No. 2 Lalmohan Mehta went to Masnodih for inquirying from the members of the paternal home of the said Chhotni Devi whether she had reached there because she had disappeared from the matrimonial home since the preceding evening. As Chhotni Devi had not reached her paternal home, her brother Shiv Nandan Mehta (PW-3) and Arjun Mehta left their village in her search. When they reached Mahatbania Mahua Tola, they learnt from the villagers there that a dead body of a woman was floating in a well. Consequently, they went to the said well and found that the dead body was of none else than of their own sister Chhotni Devi. The dead body was taken out from the well. It was found having some external injuries, including swelling on the neck. Blood was oozing out from her nose and ears. At that time, appellant No. 1 Jamuna Mehta was also present there. The villagers, namely, Krishna Lal Mehta PW-1 Daulat Mehta PW-2 Lal Bihari Mehta PW-5 and others enquired from the said appellant. He disclosed to them that the father of his deceased daughter-in-law had promised to give 2 tola gold at the time of the marriage, but had failed to fulfil the promise. Consequently, he conjointly with two sons Lal Mohan Mehta and Raju Mehta strangulated her and threw the dead body into the well. The brother went to the police station situated at a distance of about 10 kilometres and lodged FIR (Ext. 2) at about 12.00 noon. In the FIR, he had also stated that even though the deceased was married to appellant No. 3 about eight months back, in the meantime, she had gone to her paternal home for about 15 times and used to narrate the story of cruelty meted out to her by her father-in-law, namely, appellant No. 1. Even two days prior to the incident, she had gone to the paternal home on being threatened by appellants of being killed in consequence of some brawl over the question of non-payment of dowry (gold).

(3.) Inquest on the dead body was held and the same subjected to post-mortem at Koderma Sub-Divisional Hospital on 4-3-1983. On post-mortem, some ante-mortem injuries indicating throttling were found on the dead body, besides water in the stomach suggesting that the death of the deceased had occurred due to strangulation as well as drowning.