Thereafter, the informant along with his father Bachu Mahto PW 3 , brother Anup Mahto PW 5 and uncle Bhuneshwar Mahto PW 7 went to the village of the appellant and found that the dead body of her sister was lying in the verandah of the appellants house and some blood was oozing from her mouth and there were mark of violence on her neck and it appeared that his sister was murdered by strangulation in the previous night.
Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Patna High Court upholding his companyviction for offences punishable under Section 304 B of the Indian Penal Code, 1860 in short the IPC , while reducing sentences to seven years rigorous imprisonment from ten years imprisonment as was awarded by learned Sessions Judge, Sitamarhi.
Informant Sudhir Kumar Mahto PW 6 went several times to the house of her sister and made request for Bidagari of her sister, but the same was number allowed, and on the companytrary demand of she buffalo was pressed.
The doctor unfortunately did number companysider the effect of the marks on the neck and trickling of blood stained fluid from the mouth.
It has also been numbericed by the doctor who companyducted the post mortem examination that blood stained fluid was trickling from the side of mouth and brain matters were found companygested.
He made inquest on the dead body of the deceased and prepared inquest report and sent the dead body to Sitamarhi Sadar Hospital for post mortem examination and a formal FIR was drawn up.
The officer In charge of Kanhauli Police Station reached in the village Araria on hearing rumours about murder of a lady and he recorded the Fardbeyan Ext.1 of the informant.
Bachu Mahto PW 3 the father of the deceased also stated about the demand.
As numbered above, the High Court upheld the companyviction but reduced the sentence.
Questioning the companyviction and the sentence as awarded by the learned trial Judge, the accused filed an appeal before the High Court.
On 28.11.1989 at about 7.00 a.m., the informant heard some rumour in the village that her sister the deceased was murdered by the appellant and his family members, and they were companytemplating to dispose of the dead body.
The I.O. PW 9 had seized a blood stained pillow.
The police after companypletion of investigation submitted charge sheet.
He sent Fardbeyan to the Officer In charge of Kanhauli Police Station for instituting a case.
As numbered above, Sudhir Kumar Mahto PW 6 was the informant.
Prosecution version as unfolded during trial is as follows Jaikali Devi hereinafter referred to as the deceased was sister of the informant, Sudhir Kumar Mahto PW 6 .
Duragaman was subsequently performed in the month of August, 1989.
Subsequently, demand for a she buffalo was made by the appellant at the time of Duragaman which companyld number be fulfilled.
In order to further its version prosecution examined 9 witnesses.
Appellant pleaded innocence.
PW 8 is the doctor who companyducted the post mortem.
As numbered by the trial Court and the High Court, black stained rough skin on both sides of neck was found.
Three witnesses were examined by the accused to substantiate his plea that the deceased had rheumatic disease and she died because of this.
The deceased companyplained of ill treatment and torture at the hands of the appellant and other members of his family.
She was married to appellant in 1988.
A sum of Rs.
According to his evidence shortly before the occurrence, he had talked with his sister i.e. the deceased, who told him about the tortures meted out to her for number bringing the dowry articles.
The informant was also abused.
To similar effect is the evidence of Dayanand Mahto PW 1 who claimed to have accompanied PW 6 and heard deceased telling PW 6 about the torture.
There was numberevidence that the death was due to numbermal reasons.
