DEOKI RAI, BECHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pushpendra Kumar Singh, learned counsel for the appellants and Mr. Dilip Kumr Sinha, learned counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 09.01.2014 and 15.01.2014 respectively passed in Sessions Trial No. 359 of 2012/73 of 2013 by the learned Adhoc Additional Sessions Judge-I, Sitamarhi, whereby the appellants after being found guilty for the offence punishable under Section 302 read with section 34 of the Indian Penal Code have been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- each and in default of payment of fine to undergo further imprisonment for a period of six months.

(3.) The prosecution case is based on the fardbeyan of one Ram Nandan Rai, resident of Village Bahusar, P.S. Nanpur, District - Sitamarhi recorded by the Assistant Sub- Inspector of Police, Rajeev Ranjan of Bathnaha Police Station on 13.04.2012 at 2:15 P.M. wherein he has stated that his daughter Chandra Kala Devi was married to Deoki Rai, son of Bechan Rai, resident of village- Bathnaha, P.S.- Bathnaha, District- Sitamarhi as per Hindu rites and customs about eight years ago. After marriage, Deoki Rai was not allowing his wife to go to her Maika and during the entire married life of 8 years, she was allowed to visit her Maika only twice. About 8 days back, he visited Bathnaha for rokshadi of his daughter, but she was not allowed to go with him by her husband and father-in- law. About 4 days prior to the incident, the nephew (Bhagina) of her father-in-law brought a kidnapped girl to his village, but he refused to provide them shelter and protection. Thereafter, the girl was taken to the house of one Budhani Devi, wife of late Bhajan Rai of his village. After two days, when he visited the house of his daughter, her husband and her father-in-law misbehaved with him. Two days later, Budhani Devi visited Bathnaha, her Maika and, on 11.04.2012, she returned back to Bahurar. She told his brother Radha Rai that luckily your brother came back alive otherwise he would have been killed. He has further stated that on the very next day, i.e. on 12.04.2012, in the night, his daughter was killed. The information of her murder was communicated to him on 13.04.2012 at about 8:00 A.M. through the district administration. He has further stated that his daughter used to tell him that she was being regularly told to bring something from her Maika. He has stated that he is sure that his daughter has been killed by Deoki Rai, Bechan Rai and Marni Devi for non-fulfillment of demand of dowry. The recorded fardbeyan of Ramanandan Rai was witnessed by Chandrika Rai and Arun Rai.