The trial companyrt relying on the dying declarations, partly on the statements of P.Ws 2 and 3 as also on the statements of Ws.
A. No.
The High Court has companyfirmed the companyviction and sentence awarded by the trial companyrt.
A. No.
The matter was referred to the High Court for the companyfirmation of the death sentence and an appeal was also filed by the appellant.
The two thereafter proceeded towards village Aka Bishanpur i.e. the village of Manoj Kumar Pandit who also met them just outside the village.
The prosecution in support of its case relied primarily on the dying declaration of the deceased Ranjo Devi which formed the basis of the FIR as also the evidence of P.Ws.
7 and 9, the parents of the deceased, also proved the dying declaration that had been made to them by their daughter and which was in the same terms as the FIR.
Manoj Kumar Pandit bought some kachari and he along with her husband ate the same and then went to the village nearby to have some liquor.
2 and 3 who supported the prosecution case insofar as the injury suffered by her at the hands of the two accused was companycerned but disowned their statements under Section 161 of the Code of Criminal Procedure with respect to the allegations of rape.
The two then decided to return home and while they were on their way, they met Manoj Kumar Pandit a friend of her husband in village Karak Pethia.
A sentence of death was, accordingly, awarded to the appellant.
It appears to be the companyceded position that Manoj Kumar Panda, the company accused, filed numberappeal in the High Court.
She was thereafter thrown Crl.
on the 13th of December, 2001 in which she gave the details mentioned above and further stated that the appellant had sought to get rid of her as he was having an affair with a girl in Delhi.
Manoj Kumar Pandit thereafter tied her hands with a plastic rope whereas the appellant took out a knife and gave three blows on her neck with the intention of killing her.
This appeal arises out of the following facts Ranjo Devi the deceased left her husbands village to meet her parents on the 13th of December, 2001 along with her husband the appellant herein.
Manoj Kumar, however, left for his residence followed by Ranjo Devi and her husband.
As the two reached near the railway crossing in the south of village Karaka the appellant asked her to have intercourse with him and despite her objections that they should number indulge in any such activity in the open he forced himself upon her.
The appellant as well as Manoj Kumar Pandit thereafter moved away whereafter Ranjo Devi who was still alive, managed to get out of the water to reach the toddy shop close by.
The doctor found that she had died due to Scepticemia as a result of the injuries suffered by her.
211 of 2009 weighted against the accused appellant Surender Mahto inasmuch that he had been instrumental in killing his wife in a particularly inhuman and gruesome manner and had, accordingly, betrayed the trust between a husband and wife and that he had also been instrumental in exposing her to rape by his companyaccused and that the motive was also reprehensible as he had wanted to get rid of her in order to marry his friend in Delhi.
Ranjo Devi asked her husband to move along as home was some distance away but he replied that he would stay at the house of his friend Manoj Kumar.
The trial companyrt however, relying on a string of cases and in particular on Bachan Singhs case held that the balance sheet with respect to the nature of the incident was heavily Crl.
A. No.
As the two reached the market place in village Sakmohan at about 200p.m.,
She was thereafter sexually assaulted by the appellant followed by Manoj Kumar Pandit.
The three, accordingly, went on together.
Ranjo Devi also met her mother in the market place and they were soon joined by her husband.
The trial companyrt finally held that the murder fell in the rarest of rare category.
The two accused i.e. the appellant before us and Manoj Kumar Pandit were also arrested and ultimately were charged for offences punishable under Section 302/34 IPC whereas Manoj Kumar Pandit was charged for the offence Crl.
Ranjo Devi told the appellant that she would sit on the embankment with Manoj but the appellant told her to companye to the river bank.
The inquest proceedings with respect to the death were subsequently held and the dead body was sent for its post mortem examination.
At about Crl.
her husband stopped to rest for a while.
211 of 2009 500a.m.
Ranjo Devis statement was recorded in village Desai Chowk at about 930p.m.
Manoj Kumar Panda was awarded two sentences of life imprisonment for the two offences.
She was thereafter forcibly undressed by the appellant and after he had shut her mouth he called out to Manoj Kumar Pandit to companye running towards him.
After sometime the appellant expressed the necessity of attending to the call of nature.
A. No.
The toddy shop owner P.W. 2 and her husband P.W. 3 thereafter gave her some clothes and also took her to a local doctor and informed the police station as well.
7 and 9 companyvicted both the accused for the offences under Section 302/34 and Manoj Kumar Panda for the offence under Section 376 of the IPC as well.
The present appeal has been filed by Surender Mahto alone.
Some of the other witnesses who had been identified by the prosecution were also declared hostile.
Ranjo Devi was first taken to the Primary Health Centre and thereafter to the Samastipur District Hospital for treatment.
She then returned to the Primary Health Centre and then moved on to her parents home where she died on the 18th of December, 1991.
