RAJESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the same judgment dated 27.8.1996 and order dated 28.8.1996 passed by IIIrd Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 176 of 1992 and, therefore, both the appeals have been heard together and are being disposed of by this common judgment.

(2.) Rajendra Tewary and Bachana Kuer, both appellants of Criminal Appeal No. 435 of 1996 and Rajeshwar Mishra, appellant of Criminal Appeal No. 430 of 1996 have been convicted under Sections 304-B and 201, Indian Penal Code and Section 3, Dowry Prohibition Act. They all have been sentenced to undergo rigorous imprisonment for life under Section 304-B, Indian Penal Code. No sentence against them has been passed under Section 201, Indian Penal Code and Section 3, Dowry Prohibition Act.

(3.) The prosecution case in short is that on 20.8.1991, the informant Bhanu Pandey (P.W. 8) received information from one Bageshwar Tiwary (not examined) that he (Bageshwar Tiwary) had heard at Bettiah Court that the daughter-in-law having her Naihar at Chailabhar had died. On hearing this, the informant along with his nephew Hari Shankar Pandey (P.W.I), Kapildeo Tiwary (not examined), Rahman Ansari (P.W. 4) and Balram Mishra (P.W. 5) went to the house of his son-in-law, appellant Rajendra Tewary situated at village Shivraj where he neither found the appellant nor his daughter Bimla Devi. Chandrika Tiwary, brother of appellant who, at that time, was lying sick, informed the informant that his daughter Bimla Devi died on the night of the day before yesterday and her dead body had been cremated on previous day by family members and villagers. When the informant enquired from Chandrika Tiwary about the cause of death of his daughter, Chandrika Tiwary replied that he did not know how she died. According to informant, his daughter was married two years ago and appellant, on account of demand of motorcycle in dowry, used to assault her and his daughter, being tortured by the high-handedness of appellant, his brother Lal Babu Tiwary and his mother Bachana Kuer, one of the appellants, had come to his house on 9.8.1991 and, thereafter, on 14.8.1991, appellant and Lal Babu Tiwary came to the house of informant and assured that his daughter will not be tortured in future and took her to their house. When Bimla Devi was with informant, she had told him that on account of demand of motorcycle, she was regularly being tortured by appellants Rajeshwar Tiwary, Bachna Kuer and her Devar. Informant further came to know that at the time of cremation of dead-body, some marks of assault were found on the body of Bimla Devi but villagers expressed their inability in deposing this fact in Court. The informant claimed that his daughter Bimla Devi was murdered on the night of 19.8.1991 by the appellants, Rajendra Tewary, Bachna Kuer and co-accused Lal Babu Tiwary and without giving him information, they all cremated the dead body of Bimla Devi on 20.8.1991 and he further came to know that for disposal of the dead body of his daughter, they had dug a ditch in their house but because of hulla in the village, they cremated the dead body of his daughter. The First Information Report was lodged by informant on 21.8.1991 at Nautan Police Station at about 1 p.m.- and the police registered a case against appellants and Lal Babu Tiwary under Sections 304-B and 201, Indian Penal Code.