RAM SAHAY MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the Judgment of conviction under Section 304B and 201/34 IPC passed by the 5th Additional Sessions Judge, Giridih in Sessions Trial No.51/98 whereby the Appellants have been sentenced to undergo rigorous imprisonment for 10 years and rigorous imprisonment for three years in each count with direction that both the sentences shall run concurrently against the appellants.

(2.) The prosecution story as it stands narrated in the written report presented by the informant Bodhi Mahto (PW 3) that he had married his daughter, Fulwa Devi, in the year 1997 with the Appellant No.1 Ram Sahay Mahto. After marriage all the three Appellants viz. son-in-law Ram Sahay Mahto, father-in-law, Nema Mahto, and the mother-in-law, Parvati Devi of Fulwa Devi (since deceased) started perpetrating torture to her by raising demand of Rs. 20,000 in cash and Rajdoot motorcycle to be brought from her parental home. When she expressed inability of the people of her parental home on account of their poverty, she was brutally assaulted. The Appellants had been threatening that they would get her husband married to another girl. The informant, therefore, had reason to believe that the dead body of her daughter was concealed somewhere by the appellants after committing her murder. On the information there being received by the informant about the missing of his daughter when he came to the matrimonial home of his daughter at village Karri the appellants accosted him. It was further alleged that only 15 days prior to the occurrence his son-in-law and Samdhi (Appellant No. 1 and 2) had extended threat at the village home of the informant that the Appellant Ram Sahay Mahto would be married to another girl deserting his first wife. It was requested by the informant to take legal action. On the written report presented by the informant, Birni P.S. Case No.71/97 was lodged on 8th August, 1997, for the offence under Section 304B/201/34 IPC against all the three Appellants. The Police after investigation submitted charge- sheet against them for the said offence as well as under Sections 3 and 4 of the Dowry Prohibition Act.

(3.) It is relevant to mention that the FIR was lodged on 8th August, 1997, but skeleton was recovered on 13th August, 1997, from the bank of Barakar river at the distance of about 1 k.m. south of village Sirmadih, presumed to be the skeleton of the missing daughter of the informant Fulwa Devi.