RAJ KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since, both these appeals arise out of common judgment and, hence, being heard and disposed off by this common judgment.

(2.) The appellants, Raj Kumar Yadav, Mithlesh Yadav and Bindeshwar Yadav (in Cr. Appeal (D.B.) No. 617 of 2004) and Brahmdeo Yadav (in Cr. Appeal Cr. Appeal (D.B.) No. 688 of 2004 have been convicted under Sections 304B and 201/34 of the Penal Code and sentenced to undergo rigorous imprisonment for life for offence under Section 304B of the Penal Code and have further been sentenced for three years rigorous imprisonment for offence under Section 201/34 of the Penal Code. All the sentences are ordered to run concurrently.

(3.) The prosecution case, as alleged in the fardbeyan of the informant, Bechan Yadav (P.W. 6), that on 25.05.1988 at 09.00 p.m. he, along with Baleshwar Yadav (P.W. 4) stated before the Daroga of Jai Nagar Police Station that his sister, Phulpari Devi (deceased) married with Brahmdeo Yadav, son of Jibachh Yadav about four years ago in the year 1984 and at the time of duragaman a demand of seven bhar of gold was made by Brahmdeo Yadav and his father, but, he could give only five bhar gold and so the brother-in-law and his father were annoyed for not giving two bhar of gold. It is further alleged that for the said they used to abuse and assault her sister and several times he come for bidai, but, neither bidai was made nor he was allowed to meet with his sister. Further case is that on 25.05.1988 at about 02.00 p.m. he learned from Dukhi Mukhiya (not examined) that some occurrence has happened with his siter, he thought that some abuses may have been made again, at 06.00 p.m. he learnt that his sister has been done to death by strangulation, then, he along with his co-villager, Baleshwar Yadav (P.W. 4) and Krishna Yadav (not examined) came to village Belhi where he learnt that appellants, Brahmdeo Yadav, Raj Kumar Yadav, Mithlesh Yadav and Bindeshwar Yadav have done his sister to death and are burning her dead body on which he along with co-villager, Ram Udagar Yadav (P.W. 5), Ram Parichchan Yadav (P.W. 1), Ram Ratan Yadav (P.W. 2), Bhaglu Yadav (P.W. 3), reached village Belhi and the dead body was being burnt at about half kilometer south from the house of the accused persons. 3. On the fardbeyan the first information report was lodged, after investigation the charge sheet submitted and consequently cognizance taken and after commitment of the case the charge was framed for offence under Sections 304B and 201 of the Penal Code against five accused persons. However, one of the accused, Jibachh Yadav, the father of these four appellants died on 17.07.2000.