RAS BIHARI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21/7/2000 and 24/7/2000 passed by Shri Arun Kumar Singh. 1st Additional Sessions Judge, Banka in, Sessions Trial No. 95 of 1999 whereby and where-under he found and held the appellants guilty and convicted them under Sections 304-B. 498-A and 201 of the Indian Penal Code (hereinafter to be referred to as the Code) and sentenced them to undergo rigorous imprisonment for seven years each under Section 304-B, rigorous imprisonment for two years each under Section 498-A and rigorous imprisonment for one year each under Section 201 of the Code, the sentence having been ordered to run concurrently.

(2.) It would be relevant it and convenient to produce, in brief, the facts of the case. The deceased who happened to be the daughter of the informant Ugra Mohan Jha (PW 3) was married to the appellant Ras Bihari Jha of village Khagra under the jurisdiction of Dhoriya Police Station of Banka district in June, 1995. Her Gauna was performed in the year 1996. After solemnization of her marriage and perform of Gauna the deceased went to her matrimonial house. As ill-luck would have it soon after arrival of the deceased in her matrimonial home her in-laws including the appellants who were her husband, brother-in-law and relative of her husband started subjecting her to cruelty and harassment to pressurize her to fetch motor-cycle, colour T.V., fridge and godrej almirah as part of dowry from her parents. The informant (PW 3) subsequently paid a sum of Rs. 30,000/- to the in-laws of the deceased. However, they were not satisfied with that much and they continued to subject the deceased to cruelty, ill-treatment and torture for fulfillment of their illegal demand for the aforesaid articles and as their illegal demand was not fulfilled and satisfied the appellant and mother-in-law of the deceased killed her or created circumstance compelling her to end her life and they also disposed of her dead body with intent to destroy evidence of commission of crime screening the offenders from legal punishment.

(3.) The informant Ugra Mohan Thakur, who was a constable posted at Saharsa on getting information regarding death of his daughter on 5/5/1998 rushed to his house on 7/5/1998 after obtaining leave of absence and permission on 6/5/1998. He learnt that the deceased was, murdered on 2/5/1998 and after concealing the dead body for twenty four hours the appellants disposed of the same in the night on 3/5/1998 at Trimuhani Gut at Kahalgaon. As per allegation the appellants did not allow the members of the family of the informant even to see the dead body of the deceased. The informant asserted that whenever he visited the matrimonial house of the deceased he was narrated by her sordid and woeful tale of ill-treatment, torture and harassment meted out to her.