KARU SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) Two appeals i.e. Cr. Appeal no. 134 of 1998 and Cr. Appeal No. 182 of 1998 have heard together and being disposed by the common judgment as the two appeals arising out of same judgment and order dated 23. 03. 1998, passed by Shri Krishnakant Sahaya, 3rd Additional Sessions Judge, Nawadah, in Sessions Trial no. 53 of 1991/131 of 1988, by which he has been convicted the appellant nos. 1 and 2 Raj Kumar Sao and Karu Sao for offence under Section 306 I.P.C. and sentenced to under rigorous imprisonment for five years. Appellant no. 3 Fulwa Devi has been convicted for offence under Section 306 I.P.C. and sentenced to undergo imprisonment for three years. However, all the appellants have been convicted for offence under Section 201 I.P.C. and sentenced to undergo rigorous imprisonment for two years. However, it has been ordered that all the sentences shall run concurrently.

(3.) The prosecution case as alleged by the informant (P.W. 8) that his daughter Asha Devi was married about ten years back with Raj Kumar Sao, son of Karu Sao. His daughter used to live with love and affection with his son-in-law, Raj Kumar Sao. However, some days prior to the occurrence due to some domestic quarrel his daughter was sad, but she did not rebut anything to them. About three days prior to the occurrence reporting, he learnt about death of his daughter during pregnancy that his daughter died at the time of giving birth to the child. Sasural people of the daughter did not disclose about the death and learnt that his Damad and Samdhi was to go to Calcutta and on enquiry he learnt that about one week prior to the occurrence there was some quarrel with the daughter of the informant and Sasural people due to which she committed suicide by drowning in a well. However, it is stated that occurrence took place due to Sasural people vexed his daughter and he was learnt that dead body was cremated in heavy haste. His further case is that Bijay Sao who lives at Calcutta informed him about the occurrence and he learned from Raj Kumar Sao.