DEBILAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants 1 and 2 were arrayed as Al and A2 before the Sessions Judge, Dhanbad. They were tried along with three other accused who were acquitted by the trial Court. The case of Rathu Mahto, who was found to be a juvenile, was separated and his case was tried by the Juvenile Court. The trial Judge after the trial while acquitting Rama Mahto, Bhukhal Mahto and Sanichar Mahto who were arrayed as A3, A4 and A5 respectively, found the appellants Debilal Mahto and Baijnath Mahato guilty under Sections 302 and 201 read with Section 34 of the IPC. The allegation against the two appellants in the above two charges is that they, in furtherance of their common intention, caused the death of the deceased, Parvati Devi, wife of juvenile accused, Rathu Mahto and thereafter, they burnt her dead body.

(2.) The appellants were sentenced to imprisonment for life under Section 302 read with Section 34 of the IPC and were further directed to suffer RI for four years under Section 201 read with Section 34 of the IPC. The present appeal is against the said conviction and sentence.

(3.) The facts necessary to dispose of the appeal are as follows. The deceased, Parvati Devi was given in marriage to Rathu Mahto, the juvenile accused which was solemnized in the year 1979. She is the daughter of PW 1. Raghu Mahto and sister of PW 2, Chetlal Mahto. After the marriage in the year 1979, the deceased was residing with her husband, Rathu Mahto in the village Bahaldih within Barora PS. In the year 1984, the first appellant, Debilal Mahto, who is the father of the juvenile accused, Rathu Mahto and father-in-law of the deceased, Parvati Devi, demanded gold chain from PW 1 complaining that at the time of marriage no proper dowry was given. The first appellant, Debilal Mahto also threatened that if the gold chain is not gifted he will not allow the deceased to visit her parents. On account of this, there used to be quarrels. The deceased used to complain to her father, PW 1 and her brother, PW 2 about the torture meted out to her by her in-laws as well as by her husband. On 12.4.1984, PW 2, on the direction of his father, PW 1, went to the village where his sister was residing with a view to take her to his house in connection with some function. The 1st appellant informed PW 2 that the deceased, Parvati Devi had gone to Chirka Mela at west Bengal. The appellants told the informant to come back on 16.4.1984 and accordingly, on 16.4.1984 the informant went to the village Bahaldih to take his sister, Parvati Devi to his house. The 1st appellant, Debilal Mahto informed PW 2 that Parvati Devi had gone to take bath in a river and PW 2 waited for about 30 minutes. Debilal Mahto thereafter told him that on the previous night his sister vomited and was also having upset stomach. He informed PW 2 that she was treated by a person who had spiritual power but, inspite of treatment, she died. PW 2 was further informed that the deceased was cremated on the same day. The villagers also informed PW 2 that after the death of the deceased Parvati Devi, she was cremated at the cremation ground. On 17.4.1984, PW 2 went to Barora PS and gave Ext. 3, fardbeyanto the police officer, which was registered as a crime and investigation was taken up and the witnesses were examined. After the completion of investigation, final report was filed against the appellants.