VISHNUDEO NARAYAN,J. - (1.) THESE appeals have been preferred by the appellants named above against the impugned judgment and order dated 15 -7 -1996 passed by Shri Kapileshwar Prasad, Sessions Judge, Giridih in Sessions Trial No. 172 of 1996 whereby and whereunder appellants, Jagal Yadav, Gulab Yadav, Chetan Yadav and Sahodar Yadav (in Cr. Appeal No. 271 of 1999) have been found guilty for the offence punishable under Section 302/34 and 201 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life and to pay a fine of Rs. 2,000/ - each for the offence under Section 302/34 of the Indian Penal Code and they were also sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,000/ - each for the offence under Section 201 of the Indian Penal Code and in default to undergo S.I. for three months. However, both the offences were ordered to run currently. Appellants, Ratan Mahto, Ramu Yadav and Dharam Mahto (in Cr. Appeal No. 222 of 1999) were found guilty only for the offence under Section 201 of the Indian Penal Code and they were convicted and sentenced to undergo R. I. for three years and to pay a fine of Rs. 1,000/ - each and in default to undergo SI for two months. However, they were acquitted of the charge under Section 302/34 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 10 Manku Mahto, the informant who is the father of Fulwa Devi, the deceased of this case recorded by Sl. Ashok Kumar, O/C, Tisri PS on 16 -3 -1996 at 14.30 hours at the pond in village Ranigaddar where the dead body of the deceased was recovered and the said pond is at a distance of eight kilometers away from his village Ratan Garura and three to four kilometers away from village Kahatouri of the appellants regarding the occurrence which is said to have taken place between 14 -3 -1996 and 16 -3 -1996. The case was instituted by drawing formal FIR (Ext. 5) on that very day at 20.00 hours which is received in the Court empowered to take cognizance on 18 -3 -1996. The prosecution case, in brief, is that the marriage of Fulwa Devi, the deceased of this case was solemnized with appellants, Jagal Yadav, son of appellants, Gulab Yadav and brother of appellants, Chetan Yadav and Sahodar Yadav, resident of village Kahatouri in the year 1975 and her 'Gouna' ceremony was performed seven years thereafter and she had gone to her matrimonial home in village Kahatouri in the company of her husband, appellant, Jagal Yadav. It is alleged that she was vexed and tortured in her matrimonial home by diverse means by appellants, Jagal Yadav, Gulab Yadav, Chetan Yadav and Sahodar Yadav and during the cultivation season she used to be brought to her matrimonial home from her parent's house and after the end of the cultivation season, she used to be assaulted by them and ousted from her matrimonial home and she used to return weeping to her parent's house. It is alleged that appellant, Gulab Yadav used to tell for the last two or three years prior to the occurrence to appellants, Jagal Yadav and Chetan Yadav that Fulwa Devi should be done to death and marriage of Jagal Yadav be re -solemnized on receipt of dowry and Fulwa Devi used to report in respect thereof to the informant and others to her arrival in her parent's house. It is also alleged that appellant, Jagal Yadav also used to tell that he will solemnize his re -marriage as Fulwa Devi is not good to look at but the informant used to make Fulwa Devi understand and used to send her to her matrimonial home. It is also alleged that in the month of last 'Bhado' prior to the occurrence the appellants and attempted to commit her murder by showing the fire of the 'Bhorsi' on her person when she was sleeping which had caused burn injury on her abdomen. The prosecution case is further that PW 6, Prayag Yadav, the son of the informant had gone to the matrimonial home of the deceased in village Kahatouri to bring her to her parent's house on the eve of the marriage of the grandson of Radhey Yadav, the brother of the informant where PW 6, Prayag Yadav did not find her and on query made by him the appellants aforesaid (in Cr. Appeal No. 271/99) evaded and become angry and retorted that they do not know as to where she has gone and PW 6, Prayag Yadav came back from village Kahatouri and reported the matter is respect thereof of the informant. It is alleged that thereafter the informant along with other family members went the matrimonial home of the deceased in village Kahatouri and made enquiry from the appellants aforesaid (in Cr. Appeal No. 271/99) but they evaded to answer and expressed their anguish, annoyance and retorted that they do no know as to where she has gone and thereafter the informant and his family members started making hectic search of the deceased and in course of that search, the informant came to learn in village Khijri from the tribal resident of village Rani Gaddar that dead body of a woman is floating in the pond in village Rani Gaddar and on this information, the informant along with other rushed to the said pond in village Rani Gaddar where they found the dead body of Fulwa Devi floating on the surface of the water in the said pond and they were intending to go to the police station to lodge information in respect thereof but in the meantime, the police came there and the dead body was taken out from the said pound and in the neck of the deceased was found swollen and tongue protruded between in the and her mouth was open and blood was coming out from her mouth and it appeared that she was done to death by throttling and after committing her murder the appellants aforesaid (in Cr. Appeal No. 271 of 1999) threw her dead body in the said pond.
(3.) IN course of investigation, the complicity of appellants, Ratan Mahto, Ramu Yadav and Dharam Mahto (in Cr. Appeal No. 222 of 1999) transpired in the occurrence and they were also booked for trial along with the appellants of Cr. Appeal No. 271 of 1999.;