STATE OF JHARKHAND Vs. SURESH PRASAD MEHTA

JUDGEMENT

(1.) The appellants, two in number, were arrayed as Al and A2. Appellant No. 1 namely, Suresh Prasad Mehta @ Mahto and appellant No. 2, namely, Mukesh Kumar Mehta @ Mahto, both aged about 20 years, were charged under Section 364A, 323, 376, 302 and 201/34 of Indian Penal Code. The allegation against the appellants is that while PW12 Bishun Mahato was retuning with his daughter, Malti Kumari, from Gaddi after selling potatoes, they were waylaid at 6.00 p.m. on 10-12-2001 and that thereafter injuries were inflicted on PW12 Bishun Mahato, as he could not pay any amount as demanded by the appellants and further PW12 was asked to go and bring a sum of rupees twenty thousand to get his daughter Malti Kumari released from their custody and further she was raped and murdered. The trial Court finding the appellants guilty as charged sentenced each of them to death under Section 364A, 302/34 of Indian Penal Code; each of them was directed also to pay a fine of Rs. 10,000/- under each count without stipulating the default sentence. On being found guilty under Section 323/34, IPC for causing simple injuries to PW12, each of them was sentenced to one year rigorous imprisonment and for the offence punishable under Section 376 read with Section 34 of Indian Penal Code, each of them sentenced to life imprisonment and also to pay fine of rupees ten thousand with default sentence of six months. On being found guilty under Section 201/34, IPC, each of them was sentenced to seven years rigorous imprisonment and also to pay fine of rupees five thousand with default sentence of one year. The present appeal is against the said conviction and sentence and the Death Reference No. 1 of 2005 is by the Session Judge seeking confirmation of the death sentence by this Court.

(2.) The facts which led to the prosecution of the appellants and their ultimate conviction, as stated above, can be briefly summarized as follows :

(3.) Malti Kumari, aged about 10 years, is the daughter of PW12 Bishun Mahato who was an agriculturist by profession. On 10-12-2001, Bishun Mahato, accompanied by his daughter Malti Kumari, left his village for Gaddi along with potato crops. After selling potato, PW12 and his daughter Malti Kumari were returning to the village in a bullock cart. While they were at some distance from the boundary of Ichak Block, the appellants,- and one another person,- appeared before their bullock cart and after stopping it, pushed PW1. The 1st appellants Suresh Pd. Mehta then directed the third person to tie the buffalo. The appellants and the third person took PW12 to Karbala, which is a ground nearby where PW 12 was asked to part with rupees twenty thousand saying that if the amount Is not paid, they will not release them. PW12 did not have any money with him and told the appellants and the other person that he received only a credit slip towards sale of potato and he had no money. On being informed by PW12 that he had no money, the appellants and the other person became angry and asked PW12 to go and bring rupees twenty thousand from the village, so that his daughter could be released. PW12 was also beaten by the 1 st appellants on his cheek with a knife. PW12 was advised to meet them at Sal Pahar to get the release of his daughter. He was also threatened not to raise any alarm and that if he raised alarm as regards the detention of Malati Kumari, she will be done to death. PW12 therefore had to leave for his village. On reaching home, he informed his wife PW11, Bandhani Devi and his mother about the incident. He requested his wife and his mother not to become panicky and also asked them not to raise alarm inasmuch as if they raised alarms, villagers will come to know about the occurrence and there was every likelihood that their daughter Malti Kumari would be murdered. In spite of the request made by her husband, PW11 could not contain herself and raised hue and cry. Thereafter, the villagers gathered and PW12 was taken to Police Station by the Chaukidar of the village. PW12 gave fardbeyan (Ext. 4) at 10 a.m. on 11-12-2001 to PW15 Sub Inspector. The crime was registered and investigation taken up.