MOHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CRIMINAL Appeal No. 263 of 2001 filed by appellant, Mohan Mahto and Criminal' Appeal No. 211 of 2001 filed by appellants, Basant Mahto and others since arising out of same judgment of conviction dated 28.5.2001 and order of sentence dated 2.6.2001 passed by Shri Misrilal Choudhary, 5th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 174 of 2000, hence they were taken up together and are being disposed of by a single judgment. All the appellants were found guilty under Sections 304B, 343 and 201 and sentenced to undergo R.I. for 10 years under Section 304B of the Indian Penal Code and R.I. for 1 year under Section 343 of the Indian Penal Code and also R.I. for 3 years under Section 201 of the Indian Penal Code. However, all the sentences were directed to run concurrently.

(2.) THE prosecution case was started on the basis of a written report given by Churaman Mahto (P.W. 7) on 3.8.99 stating therein that he is a cultivator residing in Village -Jaratola, P.S. -Ramgarh, District Hazaribagh and he married his daughter, Sarita Kumari with the accused, Mohan Mahto, son of Jagannath Mahto in the month of Fagun, 1999 according to Hindu rites and custom. During marriage he had given Rs. 51,000/ - in cash, half kilogram silver, three to/as gold ornaments and utensils. After marriage his daughter went to her 'Sasuraf where she lived happily for four months, but thereafter her in -laws started making demand of a big size Godrej Almirah and a motorcycle and when she used to say that her father is poor man, he has given dowry during marriage as per his capacity, but her in -laws and her husband used to torture her. In the month of Asadh, her daughter came to village for giving examination of Class VIIth, then she told her father that her father -in -law, Jagannath Mahto, her husband, Mohan Mahto, brother -in -law, Basant Mahto and Sohan Mahto, her mother -in -law, Malti Devi and others always demanded motorcycle and big size Godrej Almirah and always tortured her. About sixteen days before he had gone to leave his daughter at her Sasural and had made request to his Samdhi not to torture his daughter for dowry, but on 23.7.99 Basant Mahto brother of his son -in -law came and told him that his daughter has got high fever of head, then he went to her Sasural and found his daughter is dead and 'froth' were coming out from her nose and mouth. When, he started making hue and cry then his son -in -law and his brother confined him in their house in a room and after burning the dead body of his daughter and removing all evidences released him after 4 -5 days. Then, he came to Hazaribagh and gave statement before S.P., Hazaribagh in writing.

(3.) SINCE , the case was exclusively triable by a Court of Sessions, the learned Magistrate after taking cognizance of the case committed the same to the Court of Sessions and finally the case was tried by 5th Additional Sessions Judge, Hazaribagh, who found all the accused persons guilty and convicted them as aforesaid.