CHHOTE NARAIN SINGH, SON OF LATE INDRA PRASAD SINGH, RESIDENT OF VILLAGE- JALALPUR, P S DHANARUA, DISTRICT- PATNA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Three appeals have heard together and disposed of by the common judgment as all the three appeals arose out of the same judgment and order dated 22 nd May, 1999, passed by Sri Upendra Narayan Yadav, Additional District & Sessions Judge X, Patna, in Sessions Trial No. 1071 of 1996, by which appellants have been convicted for offence under Section 304B I.P.C. and sentenced to undergo rigorous imprisonment for ten years and further convicted under Section 201 I.P.C. and sentenced to undergo rigorous imprisonment for one year each.

(3.) The prosecution case as alleged by the informant, Sailendra Kumar that his sister Usha Devi was married with Shyam Kishore Singh of VillageJalalpur of Dhanarua in the year 1983. It has further alleged that after two years, second marriage (Durgaman) was performed , but just after 2-3 months of Duragaman' the victim was taken by the informant to his house for the reason that Chhote Narain Singh and his family members used to subject her to cruelty for non-fulfillment of demand of Rs. 30,000/- and they asked her to make demand of Rs. 30,000/- from her father. Thereafter, the husband Shyam Kishore Singh came to his house on the eve of marriage of his younger sister of the informant and asked that he will now take his wife and took her in the month of April, 1988. It is further stated that Hemant Kumar, the younger brother of the informant went to his sister's (victim) Sasural on the eve of Holi festival in 1989 with some articles and there he saw the appellant Shyam Kishore Singh at his dwaraja wearing Uttri and he disclosed that sister of the informant has been died on last Saturday night due to some wound. However, from the enquiry from the villagers, he learnt that his sister was done to death by Chhote Narain Singh and his son by administering poison and disposed of the dead body by taking to Fatwah and claimed that motive of the occurrence is non-fulfillment of demand. It has further been alleged that Usha Devi has no son as such Chhote Narain Singh along with family members intended to marry Shyam Kishore Singh, so the occurrence.