SUGIA MAHTAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) OUT of three appellants, the appellant Sugia Mahtain has died on 2.1.2005 and as such, this appeal as against her stands abated.

(2.) SO far the appellant Subhas Mahto is concerned, he, on being convicted alongwith other accused persons has preferred this appeal. During pendency of this appeal a plea was taken that the appellant Subhas Mahto was juvenile on the date of occurrence. Such plea on being raised, the Chief Judicial Magistrate, Bokaro was directed to enquire into the matter relating to the age of the appellant and to submit report. On holding enquiry, a report was submitted which when was placed before this Court, an order was passed for posting the appeal for hearing so that the said report be considered at that time.

(3.) THE case of the prosecution is that the marriage of Alti Devi had been solemnized with Sudhir Mahto during summer in the year 1995. Since then, she was living in her in -laws' place at Village Santhaldih. On 5.10.1985 in the early morning at about 4 a.m. one Misrilal Mahto (P.W. 1) when met with the appellant, Sudhir Mahto he told him that his wife Alti Devi had gone out of the house to ease herself but has not returned home. Both of them searched out Alti Devi but they did not get any trace of her. Thereafter Misrilal Mahto, P.W. 1 came to the ViIlage -Kasmar and informed to Dhirendra Nath Mahto, the informant (P.W. 4) about the missing of Alti Devi from her in -laws' place. Thereupon, Dhirendra Nath Mahto, the informant (P.W. 4) alongwith Chatradhari Mahto (P.W.3) and Chandrashekhar Mahto (P.W.5) came to the Village -Santhaldih, in -laws' place of Alti Devi. There the informant (P.W. 4) when asked from mother -in -law of Alti Devi about the whereabouts of Alti Devi, she told that she had gone out of the house to ease herself in the night but did not return home. Thereafter the informant and other witnesses searched her but when they failed in getting any trace of her, Dhirendra Nath Mahto (P.W. 4) submitted a written report before the Officer -in -Charge. Pindrojora Police Station at about 9 p.m. on 5.10.1985 alleging therein that the husband Sudhir Mahto, mother -in -law, Sugia Mahtain and brother -in -law, Subhas Mahto and also other accused persons have committed murder of Alti Devi who was being subjected to cruelty on account of non -fulfillment of demand of dowry.