KARTAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal No. 1023 of 2009 (D.B.) filed by Kartal Das, Guddu Das and Lalmuni Devi and Cr. Appeal No. 1073 of 2009 (D.B.) filed by Gautam Das have been taken up together because both the appeals arise out of one judgment of conviction dated 16.11.2009 and order of sentence dated 18.11.2009 passed by learned Additional Sessions Judge-I, Danapur (Patna) in Sessions Trial No. 1122 of 2007 holding the appellants guilty under Sections 302/34 and 201/34 IPC and sentencing each of them to undergo rigorous imprisonment for life with a fine of Rs.3000/- and seven years with a fine of Rs.1000/- respectively.

(2.) It is relevant here to mention that appellant Kartal Das is the father of other appellants. An occurrence of 21/22.8.2002 has led to these appeals. Informant Arjun Das Mishra (P.W. 11) reported to the police through his written application that his daughter Renu Kumari (deceased) was married with Gautam Das, elder son of Kartal Das on 15.5.1989. Soon after the marriage Kartal Das, Lalmuni Devi, Gautam Das, Guddu Das and Uma Kumari started raising demands of either Rs.50,000/- or Rs.70,000/- and when the amount was not paid within time then the informant's daughter was ill-treated. On 19.7.2002 the informant has given Rs.20000/- and he has promised to pay residue amount later on, but unfortunately the informant's daughter was assaulted, burnt and the dead body was made to disappear in the night of 21/22.8.2002. The informant after receiving the information on 24.8.2002 reported the matter to the police. The written report resulted into Naubatpur P.S. Case No. 149 of 2002 dated 25.8.2002 under Sections 302/201/34 IPC. An investigation proceeded and in course of investigation a dead body of a lady was recovered and it was claimed that the dead body was of the deceased of the case. The inquest report of dead body (Ext. 5) was prepared. It was sent to post- mortem. The post mortem was held and post-mortem report (Ext. 4) was prepared. Formal FIR (Ext. 6) has been recorded on the basis of written report (Ext. 1). After investigation charge-sheet was submitted. Cognizance was taken and the case was committed to the Court of Sessions where the charge under Section 302/34 and 201/34 was explained to the four accused persons. They were put on trial and by the judgment impugned the Court below has held all the appellants guilty against which the instant appeals have been filed.

(3.) This Court is required to see as to whether the material evidence brought on the record was enough to hold the accused persons guilty or not.