LAWS(PAT)-2011-4-256

RAVI KUMAR DAS Vs. STATE OF BIHAR

Decided On April 21, 2011
RAVI KUMAR DAS, S/O BISHWA NATH DAS,; SAGAR DAS, S/O BISHWANATH DAS,; LAKHPATIA DEVI, W/O BISHWANATH DAS AND; BISHWANATH DAS, S/O LATE GOPAL DAS Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Appellants have been convicted under Section 304B and 498A IPC and sentenced to RI for ten years and two years respectively by a judgment dated 24.07.1995 passed by the Sessions Judge, Katihar in Sessions Case No. 29 of 1992.

(2.) The prosecution case according to the informant who is the Dafadar of the village is that on 28.04.1991 he learnt that the deceased had committed suicide and when he went to the hospital he found her dead and the Appellant No. 3 sitting by her side. He learnt that the Appellant No. 1 used to assault the deceased and had generally stated that he would kill her as also that 2 to 3 days before there was a fight between spouses on account of which she had committed suicide.

(3.) The prosecution in all examined twelve witnesses out of whom P.W. 2 is the father of the deceased, P.W. 3 her mother, P.W. 4 her sister, P.W. 5 her brother and P.W. 10 is the informant who is the Dafadar of the village. P.W. 1 and P.W. 12 are the same person on the formal proof of some documents. P.W. 11 is the Doctor who conducted post-mortem on the dead body of the deceased and found extensive burn injuries on her person. P.W. 6 and P.W. 9 are tendered. P.W. 7 has been declared hostile and P.W. 8 and P.W. 10 are formal witnesses.