ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, Arun Kumar Singh and Babi Debi, have been convicted under Sections 498A and 307 of the Penal Code and 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for seven years for offence under Section 307 of the Penal Code and have been further sentenced to undergo rigorous imprisonment for two years for offence under Section 498A of the Penal Code and further sentenced to undergo rigorous imprisonment for three years for offence under Section 27 of the Arms Act and accused, Baby Debi has been convicted under Section 498A of the Penal Code and has been sentenced to undergo rigorous imprisonment for two years.

(2.) The prosecution case as per the fardbeyan of informant, Sanjay Kumar Sinha, that he has married his younger sister, Sandhya Kumari, with Ajay Singh, the third son of Jailendra Singh. It has further been alleged that when his sister gone to Sasural then her Bhainsur (elder brother of her husband) Arun Kumar Singh, and his wife, Babi Debi, demanded rupees forty thousand in cash and subjected her to cruelty by various means since the informant was unable to fulfill the demand and so he requested several times for not subjecting her to cruelty. It has further been alleged that on 21st November, 1993, the informant sent `prasad' of `chhath puja' through Ramasheesh Ram to his brother-in-law, but, Arun Kumar Singh and his wife abused Ramasheesh and refused to take the `prasad' and sent it back with a letter regarding the refusal. Thereafter, in the evening the informant along with co- villagers, Mahendra Singh (not examined), Hari Narayan Singh (not examined), Rohan Singh (P.W. 5), Mukesh Prasad Singh (P.W. 3), Mahendra Pratap Singh (P.W.1), Birendra Singh (P.W. 2), Upendra Singh (not examined), Shashi Bhushan Singh (not examined) and Sanjay Singh reached to the house of Arun Kumar Singh at Village Muraunha. Arun Kumar Singh demanded the dowry and demanded to pay rupees forty thousand and on the informant's inability to pay that he has not got the money, but, assured that he will pay him later then it is alleged that Arun Kumar Singh abused and went into the house, brought a gun and fired thrice on the informant and other persons. Further case of the informant is that he along with others fled away non-injured. On the basis of the written report of the informant, dated 21.11.1993 first information report has been lodged on 22.11.1993 and after investigation the charge sheet was submitted on which cognizance was taken on 08.03.1994 and the case was committed to the Court of sessions on 17.06.1994. After the commitment the charge was framed for offence under Sections 307 and 498A of the Penal Code and 27 of the Arms Act against accused Arun Kumar Singh, but, against Babi Debi charge under Section 498A of the Penal Code was found.

(3.) During trial nine witnesses were examined. P.W. 1 is Mahendra Pratap Singh, P.W. 2 is Birendra Kumar Singh, P.W. 3 is Mukesh Prasad Singh, P.W. 4 is Rajendra Prasad Sinha, P.W. 5 is Rohan Prasad Singh, P.W. 6 is Pradeep Kumar, P.W. 7 is Sandhya Kumari Sinha, P.W. 8 is Sanjay Kumar Sinha and P.W. 9 is Jai Narain Prasad. The documentary evidences adduced on behalf of the prosecution are Exhibit 1, the signature of Arun Kumar Singh, Exhibit 2 is the seizure list, Exhibits 2/1 to 2/3 are the signatures of Gopal Sharan Singh and Pradeep Kumar, Exhibit 3 is the fardbeyan, Exhibit 3/1 endorsement and signature of J.M. Prasad, Exhibit 3/2 is endorsement and signature of Officer-in-Charge, Phulwarisharif Police Station on fardbeyan, Exhibit 4 is formal first information report, Exhibit 5 is the certified copy of the order, dated 11.01.1995, passed in Criminal Revision No. 373 of 1995 and Exhibit 6 is the certified copy of the application of Criminal Revision No. 373 of 1995.