RISHI MUNI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant-Rishi Muni Singh has challenged his conviction by judgment dtd. 18/9/2019 passed in S.Tr. No. 228 of 2011 whereunder learned Additional Sessions Judge-12, Rohtas found the appellant guilty for offences under Ss. 304B and 201 of the Penal Code. By the impugned order of sentence dtd. 20/9/2019, the appellant was awarded 10 years rigorous imprisonment alongwith fine of Rs.10,000.00 for offence under Sec. 304B and two years rigorous imprisonment alongwith fine of Rs.2,000.00 for offence under Sec. 201 of the Penal Code. The sentences are to run concurrently. However, in default of payment of fine of Rs.10,000.00, the appellant would undergo one year imprisonment and in default of payment of fine of Rs.2,000.00, the appellant was directed to undergo one month's imprisonment.

(2.) The trial arose out of Bikramganj PS. Case No. 115 of 2010 registered on the written report dtd. 16/6/2010 of Rameshwar Prasad Singh(PW.l). According to first information report, daughter of the informant referred as "A" was married with the appellant on 5/6/2010. On 6/6/2010, the daughter of the informant went to her Sasural alongwith the gift items given to the married couple, as per the capacity. However, the appellant from the time of marriage, alongwith his brother-Veer Bahadur Singh, Gorakh Singh and Kamlesh Singh, all sons of Late Sukar Singh of Village- Sikariya, PS.- Bikramganj, District- Rohtas, started demanding a Hero Honda motorcycle. The informant expressed his inability but the accused persons remained adamant on their demand and told that if the demand would not be fulfilled within a week, "A" would be finished. On 10/6/2010, son of the informant, Dhananjay Singh (PW. 2) went to the matrimonial house of "A" where "A" informed that besides the above referred male members of the family, Gotani-Chandrawati Devi also insisted for motorcycle as more dowry and had assaulted and tortured to "A". On 14/6/2010, on the mobile of informant, Veer Bahadur Singh informed that "A" has died. On hearing the news, the informant alongwith Dhananjay Singh and brother-in-law Surendra Singh (P.W.4) went to village-Sikariya but the dead body was already cremated. When the informant asked reason for disposal of the dead body without arrival of the informant, all the accused persons became infuriated and started hurling abuses against the informant. On inquiry, the informant came to understand that the victim was done to death for non-fulfillment of dowry demand, under a criminal conspiracy of all the accused persons.

(3.) After completion of investigation, the police submitted chargesheet only against the appellant and others were not sent up as the police found them innocent.