NEHAL MAHTO Vs. EMPEROR

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Manbhum-Singhbhum under Section 374, Criminal P.C., for confirmation of the sentence of death passed under Section 302, I.P.C., on Nehal Mahto charged with the murder of Nisi Mahtain. The crime is said to have been committed on 16 August 1938, after sunset while the deceased was returning from Balarampur hat to her own village Maldih in company with Duli Mahatain, P.W. 3. The deceased and the accused were in a way related, the deceased Nisi being the widow of Aklu whose mother Panu was the master of the grandmother (Pelu) of Nehal and Gahan and of Gangi, mother of Rathu. Nehal, Gahan and Rathu were the acoused persons in the case of whom Gahan and Eathu have been acquitted and Nehal convioted. The witness Duli is a sister of Rathu and another witness Giri is her son. I have mentioned Aklu, the husband of Nisi, and may state that P.W. 1, Badi, is father's brother of Aklu.

(2.) Between the deceased Nisi and the accused persons there was indisputably ill- feeling from some time past. Nisi had a claim to certain landed property by virtue of a deed of gift executed by Aklu's grandmother Sounri. The validity of this deed was disputed by the other side. There was a criminal proceeding which terminated in some sort of compromise. Subsequently, Nisi pleaded that the compromise was not voluntarily agreed to by her with knowledge of its terms but was fraudulently induced, and brought a pauper suit in 1937 claiming to recover the lands from which, she stated, she has been dis. possessed. The suit was contested by Rathu, Today and Ridu (Ridu being the father of Nehal, the appellant) and was fixed for hearing on 15 September 1938. The motive assigned, for the crime is enmity against Nisi and for the purpose of stifling her litigation. She has left a daughter Fulmani, aged about 10 years, and it has been suggested for the accused that the motive is weak because the litigation could be continued on behalf of Rulmani even after the death of Nisi. But we have had in evidence that the suit in fact has collapsed and this result probably could be expected as a reasonable consequence of Nisi's death. In my opinion an adequate motive existed.

(3.) The prosecution story regarding the event of 16 August 1938, is that Duli and Nisi had gone from Maldih to Balarampur hat to make purchases. Aitev attending the hat they started to return home. On the way they were seen near a tank not far from Balarampur by P. W. 2, Mohammad Ali and P.W. 11, Jadu. Thereafter they continued liheir way and had reached the field of Lalu Mahto, Nisi walking in front and Duli following, when Nehal attacked Nisi with blows of a lathi on the neck and head. Nisi fell down. Duli who was approaching was threatened by Nehal who told her to run away and tell no one or else he would kill her and her son. Duli began to run away. Looking back she heard Nehal shouting to the other accused to join him. Shy the other accused and they began to drag Nisi away. Looking round she dropped vud fell and broke her lantern which she had bought that day in Balarampur hat. She went home and she says became unconscious. Her son Giri returning that night found her unconscious. In the morning she told him what she had seen. That is the direct evidence as to the murder. The other part of the prosecution case relates to the recovery of what is said to be the dead body of Nisi. About 6.30 A.M. the engine driver of 57 Down Adra-Chakradharpur Passenger Train saw between the up line rails near the Urama Railway Station an object lying and being attacked by dogs.