ANCHHU BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the Appellants to assail the judgment of conviction dated 5.4.2006 passed by the learned Presiding Officer of Fast Track Court No. IV, Nawada in Sessions Trial No. 147 of 2007/240 of 2004 by which all the Appellants were found guilty of committing offences under Sections 304B and 201 IPC but when it came to inflicting sentences upon each of the Appellants, Appellant Anchhu Bhagat @ Anshu Bhagat was directed to suffer rigorous imprisonment for ten years under Section 304B IPC and also rigorous imprisonment for two years under Section 201 IPC. The remaining five Appellants were directed to suffer rigorous imprisonment for seven years and one and half years respectively for their individual conviction under Sections 304B and 201 IPC. The sentences inflicted upon the Appellants were directed to run concurrently.

(2.) Ext-1, the written report of P.W.3 Mathura Prasad, the brother of the deceased Pramila Devi and son of P.W.2 Sri Yadav, is the basis of the FIR in which it was alleged that after being married to Appellant Anchhu Bhagat @ Anshu Bhagat the lady was residing in his house where she was asked to bring a motorcycle from her parents, failing which she was threatened to be killed. Six months prior to the occurrence, Appellant Anchhu Bhagat @ Anshu Bhagat and his father Kameshwar Yadav @ Rameshwar Yadav(P.W.6) had allegedly thrown out the lady from her matrimonial house after assaulting her and had also administered poison to her, but she was saved after treatment and the matter was compromised on account of the intervention of the well-wishers of the persons.

(3.) However, on 6.7.1994 the Appellants again administered poison to the deceased Pramila Devi and killed her and cremated her dead body which incident came into the knowledge of the informant P.W.3 on 7.7.1994 as a result of which he went to the house of the Appellants for gathering full information and he found that the Appellants were not present at their house and as such filed the written report Ext-2.