BAKHORA CHOWDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appellants, father and son, have been convicted under Section 302/34 of the Indian Penal Code (hereinafter called "the Code") and Section 201/34 of the Code and have been sentenced to undergo life imprisonment under Section 302/34 of the Code and 7 years rigorous imprisonment under Section 201/34 of the Code. They were also charged under Section 27 of the Arms Act but they were acquitted under this charge. The sentences were ordered to run concurrently.

(2.) On 6-2-1986 at 8.30 a.m. a written report (Ext.1) was filed by the informant, Chhotan Choudhary, father of the victim girl (P.W.1) stating, inter alia, that his daughter Phul Kumari (deceased) was married to appellant No. 2, Krishna Choudhary, at village Baliari, Police Station Masaurhi, within the district of Patna about 4 to 5 years prior to the occurrence. Appellant No. 1, Bakhora Choudhary, is the father of appellant No. 2. After few years of the marriage the family of the appellants shifted to village Sarai within the Police Station of Maner. It was further said that accused persons used to ill treat Phol Kumari on domestic affairs with the result that on several occasions she had come to her father's place.

(3.) On 5-2-1986 Mahendra Choudhary his son (P.W. 2) who resided at Sultanpur Dinapore came to his village Piprabandh and informed him that the appellants had committed the murder of Phul Kumari and concealed the dead body somewhere. On that information the informant (P.W.1) went to village Sarai to ascertain the truth and on reaching there he learnt that the appellants on 2-2-86 at about 9 to 10 p.m. shot his daughter dead and disposed of the dead body by taking the same somewhere on a tempo. The informant also found the appellants absent from the house. Thereafter, the informant went to Maner Police Station which is at a distance of 16 Kms. from village Sarai on 6-2-1986 and submitted the aforesaid written report (Ext. 1).