Hon'ble Judges/Coram:
N. Dhinakar, C.J. and Rakesh Ranjan Prasad

JUDGMENT

1. Asha Devi, the appellant, was arrayed as A1 along with Singheshwar Mahato, her father and Balmiki Mahato, her relative, who were arrayed as A2 and A3 respectively, before the Sessions Judge. They were charged for an offence under Section 302 read with Section 34 I.P.C and under Section 201 I.P.C. The allegation against the appellant and two other acquitted accused before the trial court is that between 25.5.1990 and 26.5.1990, they murdered Anil Kumar Mahato aged about 10 or 12 years and buried the body inside the house with a view to screen the offence. The prosecution before the trial court, in order to establish both charges, examined P.W.I to P.W.16. The learned Trial Judge, on the evidence adduced both oral and documentary, while acquitting Singheshwar Mahato A2 and Blmiki Mahato A3, found the appellant alone guilty and sentenced her to imprisonment for life under Section 302 read with Section 34 I.P.C. Though the Trial Judge found her guilty under Section 201 I.P.C, no separate sentence was awarded. The present appeal is against the aforesaid conviction and sentence.

2. The facts as could be discerned, from the oral and documentary evidence, are as follows:-

Asha Devi, the appellant herein, is the wife of P.W.14 Nand Kishore Mahato. Through his second wife, P.W.14 Nand Kishore Mahato had two sons namely Anil Kumar Mahato (deceased) and P.W.5 Sunil Kumar as well as a daughter named Kalpana. After the marriage, which took place in the year 1989, the appellant was not treating the deceased Anil Kumar Mahato in the manner expected of her and like all most all step-mothers, there was step motherly treatment towards Anil Kumar Mahato. It is the case of the prosecution that P.W.14 Nand Kishore Mahato left his village on the afternoon of 24.5.1990 to attend a Tilak ceremony at Baghakole. He returned to his house on the afternoon of 26.5.1990. He went to bed. At about 8.00 p.m., he woke up and wanted to see his two sons as they were not seen in the house. He asked his third wife, the appellant, as to the whereabouts of the boys. The appellant informed her husband, P.W.14, that P.W.5 Sunil Kumar and Kalpana had gone to attend classes and that Anil Kumar Mahato, the deceased in this case, has left on the previous morning and has not returned home. As it was night, P.W.14 could not go in search of his son Anil Kumar Mahato. On the next day, he went to the village - Saraiya, the native place of his second wife, but could not find the boy. He thereafter returned home via Ghorichak and on the way, he searched for his son. He also requested his villagers to go in search of his son. Neither P.W.14, nor the villagers could trace Anil Kumar Mahato. While the search was continuing, foul smell was emanating from the house of P.W.14. P.W.14, therefore, questioned the appellant as to why the foul smell is emanating in the house. The appellant, Asha Devi, informed P.W.14 that the foul smell may be due to the death of some rat or mole and also promised to clean the room. The foul smell continued even thereafter. On 3.6.1990, P.W.14 with the help of P.W.2 Shiv Narain Mahato, P.W.7 Girish Mahato and P.W. 13 Dasrath Mahato tried to find out from where the foul smell is emanating. At the North-Eastern corner of the room, they found a box. They pushed the box and found the ground to be uneven. They also noticed at that the ground to be soft and moist. Thereafter they dug out and found the dead body of Anil Kumar Mahato, which was seen beheaded.........