KAMAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants, herein, were convicted under Section 364 of the Indian Penal Code and were sentenced to undergo R.I. for ten years by the First Additional Sessions Judge, Deoghar in Sessions Case No. 46 of 1989.

(2.) THE case of the Prosecution in brief is that the daughter of the informant, namely, Manju Devi was married to the accused Kamal Mahato. It is said that the husband of Manju Devi namely, Kamal Mahato and his brother -in -law, namely, Thako Mahato came to the informant on 30th of April, 1987 and informed him that Manju Devi was traceless since 28.4.1987. At this, the informant Maharaj Mahato, the maternal uncle of Manju Devi, went to Village -Amba, where he was informed that the accused persons had actually caused murder of her niece Manju Devi and disposed of her dead body. The informant could not meet the accused persons as they were absconding and as such he returned. Thereafter the informant alongwith Naresh Mahato and Govind Mahato again went to village Amba and at that time they found that the accused persons had shaved their heads. The accused persons told the informant that whatever had to happen, it had already happened and, therefore, he was at liberty to do so whatever he liked. According to the informant right from the time of marriage, the accused persons were demanding bicycle but the widowed mother of the victim girl was not in a position to fulfill their demand of dowry, therefore, it was suspected that Manju Devi was done to death.

(3.) THE whole case of the Prosecution hinges on the circumstantial evidence. In order to prove the charges, the Prosecution adduced in evidence, the following circumstantial evidence.