RAM BILAS YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sale appellant Ram Bilas Yadav stands convicted under Sections 302 and 201 of the Indian Penal Code, having been sentenced to rigorous imprisonment for life and a fine of Rs. 1,000/-, in default to undergo simple imprisonment for one month for the former, and four years of rigorous imprisonment and a fine of Rs. 500/(in default, simple imprisonment for 15 days) for the latter offence.

(2.) Informant Ram Kishore Yadav, brother of the deceased Tara Devi in his FIR (Court Ext. 1) has stated that his sister was married about 25 years back having a daughter of 18 years, and a son which daughter. Phoolo Devi, was married at the instance of the informant with one Damodar Yadav about two years back but, thereafter, the appellant got Phoolo Devi remarried to a relative of his brother which was objected to by Tara Devi. The allegation is that for that reason the appellant and other accused, who though named in the FIR but acquitted by the learned trial Court, had murdered Tara Devi. The informant got information in the morning, on 30.3.1996 and enquired about that in the village of the appellant and found the information correct but the dead body was missing. In his enquiry it was revealed that Tara Devi was murdered in the night of 17/18th March, 1996 who, at that time was pregnant also.

(3.) The defence of the appellant was assertion of his innocence though in his statement under Section 313, dated 28.6.1995, of the Code of Criminal Procedure he had admitted that Phaola Devi was earlier married with Damodar Yadav with consent of Tara Devi, also admitting that on 3.3.1996 the appellant had got her remarried with Han Kishun Yada v. However, here he also claimed that this marriage had taken place with the consent of all.