AMITABH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two Appellants have been convicted under Sections 302/34 & 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for seven years respectively. Both the sentences have been ordered to run concurrently. Appellant No. 1 is son of Appellant No.

(2.) The victim is one Pushpa Devi, wife of Appellant No. 1. 2. The prosecution story in brief is that Pushpa Devi was married to Amitabh Kumar (Appellant No. 1) at the age of 20 years in the year 1983 and she lived at her Sasural in village-Nema for eight days and thereafter the informant, who is brother of victim Pushpa Devi brought her to his place on "Rukhsadi". Again on 24.4.1985 her husband (Appellant No. 1) and his agnates brought her to their place. Thereafter, as per allegation, both the Appellants desired to have motorcycle owned by informant's younger brother. The Appellants and co-accused Mahasundari Devi (Mother-in-law) asked Pushpa Devi to get motorcycle from her brother. The Appellants always used to tell the informant that if the motorcycle would not be given she would be killed and Appellant No. 1 would marry for the third time. They also told that they had already killed one woman and they would also kill sister of the informant if the demand is not fulfilled. They used to tease, abuse and assault the sister of the informant. They wanted to snatch the ornament of the deceased Pushpa Devi for giving the same to Amrita Kumari in her marriage. It would be relevant to mention it here that Amrita Devi was a co-accused in the case. She is sister of Appellant No. 1 and daughter of Appellant No. 2. The deceased was never ready to part with her ornaments. On 24.5.1985 Appellant No. 1 went to Pali School and called the informant there. Appellant No. 1 told the informant to persuade the deceased to part with her ornaments otherwise a threatening was given that she would be killed. At that time, Nand Singh, Awadhesh Sharma and Suresh Singh were present there and they heard the threatening given to the informant. On that very day the informant alongwith his villager namely Nand Singh went to village-Nema. The informant tried to persuade her sister to give ornaments as desired by the Appellants. However, the deceased told that her husband and in-laws used to abuse, assault and threaten her. She also told that she was not being treated properly in her matrimonial house and the ornament belongs to her and she would not give it to any one. This caused further annoyance to the mother-in-law of the deceased and she held hire locks of the deceased and started assaulting her. The informant and Nand Singh intervened and somehow managed to pull them apart. The informant told the mother-in-law of deceased not to assault his sister in his presence. The Mother-in-law, however, threatened that now either she would remain alive or the deceased would remain alive in the house. The informant did not take the said threatening very seriously and returned home. On 25.5.1985 the deceased sent a message to the informant through a boy residing at Gopalpur to come to her. Accordingly, the informant again went and met the deceased on 25.5.1985 itself. The deceased started weeping and asked the informant to take her back to her father's place. She told that her husband and in-laws used to assault for motorcycle and ornaments and she has reasonably apprehended that she would be killed. The informant still tried to persuade the deceased to reside in her matrimonial house. Even on that day the Appellants and Mahasundari Devi (Mother-in-law) repeated their demand of motorcycle but the informant told them that his younger brother was not ready to give the motorcycle to them. On this day they told the informant that the consequences would be bad. The informant then requested them to allow the deceased to go with him but they did not agree. Thereafter, the informant returned to his home in the evening on 25.5.1985. On 26.5.1985 at about at about 8.00 A.M in the morning the informant come to know that his sister had been killed by her husband, father-in-law, mother-in-law and sister-in-law (Nanad). The informant immediately rushed for village-Nema along with Nand Singh and Shiv Narayan Singh. On their way near village-Behrawan several persons told the informant that his sister was killed and thereafter burnt by her husband and in-laws. The informant, thus, instead of going to village-Nema directly went to Punpun Police Station at about 10.00 A.M. and a case under Section 302/34 of the Indian Penal Code was registered against the Appellants, Amrita Kumari (Nanad) and Mahasundari Devi (Mother-in-law).

(3.) The Appellant Mahasundari Devi though named in the F.I.R. was subsequently declared absconder and Amrita Devi (Nanad) though put on trial along with the Appellants has been acquitted by the Trial Court.