- (1.) THESE two appeals arising of the common judgment and order were heard together and are being disposed of by the common order.
(2.) BOTH the appellants were put on trial on the accusation of committing murder of Saroiya Devi in furtherance of their common intention. The Trial, having found both the appellants guilty for the charge, convicted them for the offence punishable under Section 302/34 of the Indian Penal Code vide its judgment dated 06.02.2004 and accordingly, sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 500/ - vide its order dated 09.02.2004. The case of the prosecution, as has been projected in the fardbeyan (Ext. 4), is that deceased -Saroiya Devi was the first wife of the appellant -Jodhi Mahto @ Jhodhi Mahto. In course of time, Jodhi Mahto @ Jhodhi Mahto married to Kesia Devi (appellant). When Jodhi Mahto @ Jhodhi Mahto neglected his first wife - Saroiya Devi, she brought a case against the appellant - Jodhi Mahto @ Jhodhi Mahto for maintenance. That case was compromised. After compromise arrived at, the appellant - Jodhi Mahto @ Jhodhi Mahto again started neglecting his first wife - Saroiya Devi. In such event, Saroiya Devi made known to all that she would again file a case against her husband - Jodhi Mahto @ Jhodhi Mahto. That annoyed the appellant - Jodhi Mahto @ Jhodhi Mahto. On account of that appellant - Jodhi Mahto @ Jhodhi Mahto and his second wife -Kesia Devi on 26.11.2002 at 7.00 a.m. came to the room where Saria Devi at the door of the room was making a mat. Appellant - Jodhi Mahto @ Jhodhi Mahto, who was having spade with him, assaulted over the back portion of the head of Saroiya Devi, as a result of which, she fell down on the floor of the room. Thereupon, the appellant -Kesia Devi caught hold of the leg of Saroiya Devi and the appellant - Jodhi Mahto @ Jhodhi Mahto by putting his legs over the chest of Saroiya Devi pressed it hard and then made an attempt to assault with spade over the neck but it somehow hit over the chin. Meanwhile appellant -Kesia Devi assaulted Saroiya Devi by leg and also with the handle of the spade. After assaulting Saroiya Devi, both of them, dragged Saroiya Devi inside the room and locked the room from outside and threatened the informant -Jhuna Devi and the wife of his younger brother not to speak anyone about the occurrence. When the appellant went away, the informant -Jhuna Devi raised alarm, upon which, several persons assembled over there and saw the dead body of the deceased.
(3.) MEANWHILE , an information was received at Barkagaon Police Station that one person has killed his wife at village Khairatari. On getting such information, Malik Mahto, Sub -Inspector of Police, (P.W. 8) came to the place of occurrence and recorded the fardbeyan of the informant -Jhuna Devi (P.W. 6), who narrated about the incident, as has been stated above. On the basis of said fardbeyan a formal F.I.R. (Ext. 4) was drawn and the case was registered against the appellants. P.W. 8 himself took up the investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 5). Thereupon, the dead body was sent for postmortem examination, which was conducted by Dr. C.P. Chaudhary (P.W. 7), who upon holding autopsy did find the following injuries on the person of the deceased: "(i). Lacerated wound 3/4" X 1/2" X bone deep over chin. (ii). Abrasion 1/4" X 1/4" at right side of forehead. (iii). Lacerated wound 1" X 3/4" X bone deep over occipital region." On dissection: - - - Sternum was found fractured with haematoma underneath. Ribs, three to nine, were found fractured on left side and 4th to 8th ribs were found fractured on right side. Both the lungs were found ruptured.;