BATESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three criminal appeals, arise out of the same judgment, have been heard together and are being disposed of by this common judgment.

(2.) All the appellants have been convicted u/ Ss. 302/34 and 201 of the Indian Penal Code and sentenced to imprisonment for life u/ S. 302/34 of the Indian Penal Code. No separate sentence has, however, been awarded u/ S. 201 of the Indian Penal Code.

(3.) The prosecution case, as set out in the written report (Ext. 1) of the informant Mukti Nath Choudhary (P.W. 1), is that his second daughter, namely, Sabita Kumari was married to the appellant Upendra Singh in the year 1980. After marriage she went to her husband's house and remained there for a pretty long time. Meanwhile, she became unwell, then she was brought back by the informant to his house for her treatment. When she came back, she told her parents that she was looked down upon by the family members of her husband. In the last Agarhan 'Donga' of deceased daughter was performed and she went to her husband's house. Some time, thereafter, when the informant went to the house of his deceased daughter she told him that her clothes and ornaments which she had kept in the box, were being used by the wife of appellant Sheochandra Singh, elder brother of her husband and on demand made by her, the same were not given back to her and she was threatened by the family members. It was further alleged that on 1-7-1985 the informant heard a rumour at about 11 a.m. that his daughter had died. On hearing the rumour the informant went to the P.O. village along with Ram Swarath Choudhary (P.W. 3), Shiy Shankar Choudhary (P.W. 4), Arun Kumar Choudhary (not examined), Arbind Kumar Choudhary (P.W. 2) of his village, and on enquiry, the informant came to know that the appellants had killed his daughter Sabita Kumari in the night of 30/06/1985 and her dead body was burnt by setting fire the kitchen to give a colour of accidental burning. On 30-6-1985 there was raining for the whole night. On 1-7-1985 the Choukidar gave information to the police but the dead body was not kept for the inquest by the police and the same was disposed of. Therefore, it appeared to him that his daughter had been intentionally killed. On the basis of written report of the informant a formal First Information Report (Ext. 4) was drawn up and the police took up investigation of the case. After the charge sheet and cognizance the case was committed to the court of Sessions for trial.