MOSTT. KAMLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ten accused persons were put on trial by framing charges under Sections 302, 201 etc. Indian Penal Code by the learned Additional Sessions Judge, XII, Patna in Sessions Trial No. 228 of 1996. Out of the ten accused, put on trial, accused Sachchidanand Sah died during the pendency of the appeal and as such proceedings as against him was dropped by order dated 6.9.2005 passed by the trial judge, leaving on trial nine accused. While delivering the judgment on 30th November, 2006, the learned Presiding Officer, Fast Track court No. I, Patna, convicted the two Appellants of the two appeals, namely, Mostt. Kamla Devi and Sanjay Kumar Gupta and acquitted the remaining seven accused of all charges. The present two Appellants were convicted for the offences under Sections 304B/34 and 498A/34 Indian Penal Code and each of them was directed to suffer RI for seven years and three years respectively on the two counts with further direction that sentences were to run concurrently. The Appellants have come up before this Court through the two connected appeals to question the propriety and correctness of the findings as regards the conviction and sentence passed against them.

(2.) Undisputedly, the deceased Madhu, who was the daughter of Bhola Prasad Gupta, was married to Appellant Sanjay Kumar Gupta on 26.4.1993. She was residing in the house of her husband. It is alleged by P.W. 1 Bhola Prasad Gupta in his written report (Ext. 2) that someone informed him in Patna that his daughter Madhu had been killed by being burnt by the accused persons. Learning about the incident, P.W. 1 went to the house of the Appellants to find none present there. It was pointed out by the persons there, the informant claimed, that the accused persons had set the lady at fire and had killed her. The informant stated that the dead body was cremated by the accused persons without informing him though the distance between Paliganj and Patna was of two hours by road.

(3.) It was stated in the above connection that the accused persons including the two Appellants had demanded money from the deceased earlier also besides demanding other articles, like, gas stove and Palang and not getting the demands fulfilled, the accused persons were mentally and physically torturing the deceased. On the basis of Ext. 2, FIR of the case was drawn up and investigation was undertaken.