MADAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) OUT of the five appellants in this appeal, Madan Paswan, the husband of the victim lady (Manti Devi), his sister -in -law (Bhabhi) Lakhpato Devi have each been convicted under Section 302/34 of the Indian Penal Code to undergo rigorous imprisonment for life. They have also been sentenced to undergo seven years rigorous imprisonment for offence under Section 201 of the Indian Penal Code, whereas Jag Bhushan Paswan, Dudli Paswan and Tetari @ Dhaneshwari Devi have been convicted under Section 201 of the Indian Penal Code to undergo rigorous imprisonment for five years each.

(2.) THIS is a case of circumstantial evidence. The informant Lalan Paswan is the brother of the victim lady Manti Devi. The prosecution case as per the First Information Report (Ext. 2) is based on a written report in the handwriting of one Dharmraj Paswan who has not been examined in this case. The facts of this case are that Manti Devi was married to Madan Paswan. After two years of marriage, she went to her husband's house. When she returned after six months she complained that her husband was of loose character and that he was having an affair with his sister -in -law i.e. Lakhpato Devi. After remaining in her parents' home for about six months, she returned back to her husband's house. On the occasion of 'Tij' when the informant went to meet her, he found that she was not looking well. She disclosed that her in laws and husband were ill -treating her. The informant requested the father -in -law of the victim lady to allow him to take Manti Devi back to her home but he refused and said that she would go to her home during Dussehra. After returning home, he sent Tarkeshwar Ram and his nephew Narad Muni Ram P.Ws. 2 and 3 respectively to the house of Madan Paswan in order to solve the problem that existed between his sister and her husband Madan Paswan. It is alleged that on 28.9.1996 Manti Devi's 'Chachera' father -in -law informed them that Manti Devi died on 26.9.1996. On the basis of the aforesaid fact investigation was made and the trial proceeded.

(3.) DURING trial, six witnesses have been examined on behalf of the prosecution. P.W. 1 Sumitra Kuwar is the mother of the informant, P.W. 2 Tarkeshwar Ram is the brother of the informant, P.W. 3 Narad Muni Ram is the nephew (sister's son) , P.W. 4 Shanti Devi is the informant's wife, P.W. 5 is the informant himself and P.W. 6 the Investigating Officer of this case.