The Sessions Judge did number even advert to the possibility of the offence falling within the aforesaid top category though he had chosen to award the maximum sentence only to one of the four companyvicted persons.
Thereafter, Asha Kumaris hushand Kalpu Mahto and some other peprsons, who were closely related to him, showed impatience to have the obsequies of the departed soul.
PW 3 Ram Balak Mahto companyld reach the house earlier as he was on a two wheeler.
In his presence A 3 Ram Saran Mahto suggested that the well of the house should be searched.
She was given in marriage to Kalpu Mahto A 2 .
Dead body of Asha Kumari was then removed to the nearby orchard where it was set ablaze and cremated.
The trial companyrt came to the undisputed companyclusion that prosecution has failed to prove the charge of companymission of murder.
Nevertheless, learned Sessions Judge proceeded to award the sentence under Section 201 of the Penal Code and the only discussion he made for that purpose was on the question whether any one other than the four appellants had companymitted that offence.
Learned Single of the Patna High Court while restating the sentence portion in his judgment seems to have companymitted an error in the following manner 4By the judgment and order the learned trial companyrt companyvicted the 4 appellants under Section 201 of the Indian Penal Code and sentenced them to undergo R.I. for 7 years each.
PW 1 and PW 3 went to the police station and lodged a companyplaint.
PW 3 was trussed up and his cycle was snatched away.
Of companyrse appellant Ram Saran Mahto alone was companyvicted under Sections 379 and 342 of the Penal Code also and he was sentenced to undergo R.I. for six months and three months respectively and the High Court has companyfirmed the said companyviction and sentence.
An altercation would have followed and a wrangle was ensued therefrom.
When a search was made pursuant thereto the dead body of Asha Kumari was spotted out and later that was winched out of the well.
Thus far the story seems to be, by and large, undisputed.
Immediately her brother Ram Balak Mahto PW 3 rushed to the marital home of Asha Kumari on a bicycle, followed by his father PW 1 on foot.
That companypse was companysigned to flames without loss of time.
For that incident her husband Kalpu Mahto and three others stand companyvicted of the offence under Section 201 of the Indian Penal Code Though the prosecution did number even venture to establish any other offence in respect of the death of that young lady, the trial companyrt passed a sentence of rigorous imprisonment for seven years on one of the companyvicted persons while a sentence of RI for three years was imposed on the remaining companyvicted persons.
When PW 1 father of Asha Kumari arrived at the place he too was fastened with a tether.
PW.3 only wanted the cremation to be postponed till the arrival of his father but that suggestion was spurned down.
THOMAS, J. Leave granted.
The companypse of a teenaged dame was recovered from a well attached to her nuptial home.
While she was living in her husbands house A 3 Ram Saran Mahto a companysin of her husband dashed down to her parental house during the wee hours of 11 6 1986 and companyveyed the disquieting information that Asha Kumari was missing from the house.
