RAM BALAK RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant Ram Balak Rai has preferred this appeal against order of conviction under Sections 302 and 201 of the Indian Penal Code and sentence respectively to undergo rigorous imprisonment for life and rigorous imprisonment for two years awarded by learned Sessions Judge, Vaishali at Hajipur, on 4th July 1989 in Sessions Trial No. 68 of 1988 arising out of Rajapakar P.S. Case No. 41 of 1987. The Appellant besides four others was charged under Section 304(B)/34 of the Indian Penal Code for allegedly committing dowry death of his wife Indu Devi on 18th April 1987, besides they were further charged under Section 302/201/34 of the Indian Penal Code for committing her murder and screening of the evidence.

(2.) The prosecution case as reveal from Exhibit 2, the fardbeyan of Sakal Deo Rai (P.W. 1) recorded by Sri Neelam Kumar Singh (P.W.3) Inspector-in-charge of Town Police Station, Hazipur (Ext. 3) on 19.04.1987 at 8.10 P.M., is that at about 8.10 P.M. in presence of Chandrika Roy (P.W.6), Nand Lal Rai (P.W.4) and Jagannath Rai and Jag Narain Rai (both not examined) is that Indu Devi (deceased) aged 25 years, daughter of the informant was married with the Appellant five years ago during negotiation father of the Appellant (accused died before the commencement of the trial) had a demand of Rs. 25,000/-, anyhow only Rs. 15,000/- could be paid, but for remaining Rs. 10,000/- there was consistent demand and torture caused to his daughter by both father and son. She was regularly assaulted and ill-treated. At about 12.00 noon on 19.04.1987 (Sunday), the informant received a message from Chaterbhuj Prasad (P.W.5) to contact him and when in response the duo meet in the market, informant was told that his daughter is missing from her Sasural along with her husband, the Appellant, and father-in-law raising a doubt that his daughter might have been killed. On getting such information, the informant went to the house of the Appellant but found none of three and the female inmates failed to reply satisfactorily. The informant could be able to learn that either his daughter has been killed or abducted for said purpose, but due to fear he did not approach the nearest police station Rajapakar, but returned to Hajipur, where his statement was recorded and forwarded to concerned Police Station Rajapakar. Where on the basis of Ext.2, formal First Information Report, bearing Rajapakar Police Station Case No. 41 of 1987 was instituted at 1.00 A.M. on 20.04.1987 under Sections 302/201/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Immediately, after institution of the case, investigation proceeded and in the morning, dead body of the deceased was recovered from the custody of Appellant and his father who made an unsuccessful attempt to escape in a field at village Kanhauli Bishunpur Parti Garhwal, P.S. - Mahua. Inquest report was prepared, body was sent for post mortem examination and subsequently after completion of investigation charge sheet was submitted, cognizance was taken and case was committed to the court of sessions, where the trial proceeded in the manner as aforesaid. On the pleading of the accused persons including the Appellant not guilty and claiming to be tried.

(3.) The prosecution has examined altogether seven witnesses out of whom Sakal Deo Rai (P.W.1) is the informant, Dr. Sakal Kumar Sinha (P.W.2) conducted the post mortem examination of the dead body of the deceased proved post mortem report (Ext. 1), Neelam Kumar Sinha (P.W.3) is a formal witness who proved Ext.2 the fardbeyan and Ext. 2/1, forwarding to Rajapakar Police Station. Nand Lal Rai (P.W.4) is also a formal witness proved Ext. 2/2, his signature on fardbeyan. Chaterbhuj Prasad (P.W.5) since did not supported the prosecution case declared hostile. Chandrika Rai (P.W.6) is also a formal witness proved his signature on fardbeyan Ext.2/3 and other witnesses Jagannath Rai and Jag Narain Rai Ext.2/4 and Ext.2/5. Md. Muiddin Rahim (P.W.6) is the Investigating Officer proved formal First Information Report (Ext.3), inquest report Ext.4, Challan for post mortem examination Ext.5 and on completion of investigation submitted charge sheet.