RAMESHWAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 3, Ravi Shankar Ravi and his parents appellant Nos. 1 and 2, Rameshwar Ram and Somaro Devi respectively, have preferred this appeal against the judgment of conviction dated 26.04.2005 and order of sentence dated 28.04.2005 passed by Additional Sessions Judge, Fast Track Court No. V, Arrah in Sessions Trial No. 452 of 1998 whereby all the three appellants have been convicted under Sections 498A, 304B and 120B of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act and they have been sentenced to undergo rigorous imprisonment for three years under Section 498A of the Indian Penal Code, life imprisonment under Section 304B of the Indian Penal Code, life imprisonment under Section 120B of the Indian Penal Code and rigorous imprisonment for six months under Section 4 of the Dowry Prohibition Act. All the sentences have been ordered to run concurrently.

(2.) The brief facts leading to the appeal has resulted from the fardbeyan dated 5.12.1997 given at 7.00 P.M. before Agiaon Police Station at Garahani Station Chawk by Om Prakash Ram son of Sri Basan Ram of village Thora, P.S. Buxar(M),District Buxar in which he after producing three letters written by his deceased sister Kiran Devi alleged that Kiran Devi was married with Ravi Shankar Ravi, appellant No. 3, about one and half years prior to the occurrence according to Hindu rites. After marriage, her husband Ravi Shankar Ravi and other named accused Rameshwar Ram and Somaro Devi started raising demand of a Rajdoot motorcycle and when their demand was not fulfilled, they started torturing Kiran Devi in various ways. In connection with that torture the accused persons were pressing Kiran Devi to pass on the information for demand of a Rajdoot motorcycle to her parents and her other family members. She was apprehending danger to her life at the hands of the accused persons on account of non-delivery of a Rajdoot motorcycle by her parents. Suddenly, on 26.11.1997, the accused persons reached at the door of the informant with corpse of Kiran Devi and narrated that in the night of 25/26.11.1997 in course of commission of dacoity in their house, Kiran Devi was killed by the dacoits which was reported to police. After performing the last rites of Kiran Devi, the informant, his uncle Ram Prasad and others went to village Bahadurpur and got information from the villagers that there was no dacoity in the house of the accused persons, rather Kiran Devi was killed by the accused persons. This fardbeyan resulted in Agiaon(G) P.S. Case No. 60 of 1997 dated 5.12.1997 under Sections 498A, 120B and 304B of the Indian Penal Code and 27 Arms Act. The case was investigated into and after completion of investigation, chargesheet No. 16/98 dated 30.7.1998 under Sections 498A, 120B and 304B of the Indian Penal Code, 27 of the Arms Act and 3/4 of the Dowry Prohibition Act was submitted against the accused persons. Cognizance was taken and the case was committed to the court of Sessions where charges under Sections 304B, 498A and 120B of the Indian Penal Code and 4 of the Dowry Prohibition Act were framed and explained to the accused persons. They pleaded innocence and preferred to face the trial.

(3.) The defence of the accused persons was that Kiran Devi was killed in course of dacoity by the dacoits in the mid-night of 25/26.11.1997 and last ceremony was attended by the family members of the informant. A case was filed on behalf of the appellants regarding murder of Kiran Devi by the dacoits.