JAGESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 14-1-2000/17-1-2000 passed by Shri Awadh Kishore Singh Chauhan, Ist Additional Sessions Judge, Hazaribagh in Sesstions Trial No. 209/1995, whereby and here under the learned Sessions Judge convicted the appellants under Sections 304(3), 201 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years under Section 304(B), IPC and one year R.I. u/S. 201, IPC each. However, both sentences ordered to run concurrently.

(2.) The case of the prosecution in brief is that Chinta Devi deceased was married with the appellant No. 3, Raj Kumar Mahto on 5-5-1992 and since after the marriage accused persons/appellants started demanding Rajdoot motorcycle and a golden chain weighing two tolas and due to non fulfilment of the demands, Chinta Devi was subjected to torture. It is further alleged that Chinta Devi whenever came to her Naihar she stated about the said demands and torture meted out to her by the in-laws/appellants. It is further alleged that on 6-2-1995 at about 11 a.m. two persons of village Koriyadih came to the Informant's village and informed that his sister had fled away. On this information, informant along with his father and others rushed to the Sasural of the deceased. On enquiry, the accused persons disclosed that his sister has fled away. Therefore, the Informant along with others started searching but she could not be traced out and as such they stayed in the night in the house of Bhuneshwar Mahto of Koriadih and again they started searching the victim on 7-2-1995 and they found the dead body of Chinta Devi in the well situated in the wheat field of Meghlal Mahto. The dead body was taken out from the well. Accordingly, a written report was submitted to the police, on the basis of which the FIR was lodged. The police investigated into the case and submitted chargesheet against all the appellants, who appeared in the Court below.

(3.) Accordingly, charges were framed. Witnesses were also examined during trial. After having heard both sides and considering the evidences on record, the learned trial Court convicted and sentenced the appellants, in the manner as stated above.