DILIP MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants were charged together for committing an offence under Section 304B/34 IPC by the learned Additional Sessions Judge-V, Bhagalpur for being tried together in Sessions Trial No.8 of 2003/Trial No.379 of 2006. The judgment under challenge was passed by the learned Presiding Officer of Fast Track Court-V, Bhagalpur on 12.08.2008 by which the appellants were found guilty of committing the offence they had been charged with and after being heard on sentence on 14.08.2008, while appellants Dilip Mandal and Pramila Devi @ Nirmala Devi, who are the parents of the third appellant of Babulal Chaurasia, were directed to suffer rigorous imprisonment for seven years each, the appellant Babulal Chaurasia was directed to suffer rigorous imprisonment for ten years. The appellants have preferred the present appeal challenging the judgment of conviction and sentences passed upon them.

(2.) Undisputedly, deceased Durga Devi was married to appellant Babulal Chaurasia and initially the marriage was registered by the Special Marriage Officer, Sahebganj at Rajmahal, as may appear from Ext-5. The evidence of witnesses indicates that subsequently marriage rites were also performed between the appellant Babulal Chauraisa and deceased Durga Devi. It appears admitted that Durga Devi was residing in the house of the appellants and in fact her dead body, almost completely burnt, was also recovered from the house of the appellants as may appear from the inquest report Ext-8.

(3.) The allegation is that after being married to appellant Babulal Chaurasia the deceased was being asked to bring Rs.50,000/- and a motorcycle by the three appellants and differences between the parties had occurred on that account at the time of performing the Bidagari. The informant stated that he received a telephonic call at about 5 P.M. on 22.06.2002 that his sister had been burnt and she had died. It was the appellant Babulal Chauraisa who had made the call to the informant and he was laughing while passing on the megsage over to the informant. The informant stated that he requested the appellant Babulal Chaurasia to shift his sister to hospital so as to getting her treated by a doctor and he was also likely to come, but the appellant Babulal Chaurasia stated that because his sister was already dead so there was no question of taking her to any hospital.