SATYENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 26/27.4.2000 passed by the 6th Additional District and Sessions Judge, Aurangabad in Sessions Trial No. 347 of 1999 whereby appellant, Satendra Singh has been convicted for the offence under Section 304-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 14 years. He has further been convicted for the offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. Appellant, Babu Ram Singh, has been convicted for the offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

(2.) The prosecution case, in short, is that one Birja Singh gave his fardbeyan on 18.12.1994 at about 8.15 p.m. that his daughter Kamla Devi was married to Satyendra Singh, the appellant, about one and half years ago. Second marriage took place after five months. At the time of second marriage his son- in-law Satyendra Singh demanded a Hero Honda motor cycle. He assured him to fulfill the demand. After four months of her second marriage he brought his daughter to his house. The people of the village Soni were not coming to his house. They were saying that unless demand of motor cycle was fulfilled they would not come. His Samdhi sent a message to send his daughter- in-law otherwise she would be deserted. On 11.12.1994 Vishwanath Singh of village Soni came to take Kamla Devi to her sasural, Vishwanath Singh disclosed that Satyendra Singh was saying that after fulfilling the demand of motor cycle he would come to his house. On 12.12.1994 he sent his daughter to the house of his son-in-law. On 18.12.1994 a man of village Soni, whom he did not recognise, came at about 5 p.m. and informed that his daughter has been killed by throttling by his son-in-law, his father, his mother and other family members and she has been burnt in the night itself. On getting information he went to village Soni but no one was at the house of his son-in-law. Bhikar Singh met him later on. He disclosed that his daughter fell ill in the night and died and the dead body was burnt in the night itself. He learnt from the people of the village that Satyendra Singh, Babu Ram Singh, Vishwanath Singh, Bhikhar Singh and Somariya Devi have caused death of his daughter by throttling in the night.

(3.) On the aforesaid fardbeyan, a formal first information report was drawn, investigation was taken up and on completion of investigation charge-sheet was submitted.On receipt of the charge-sheet cognizance was taken and the case was committed to the court of Sessions for trial. The trial Court convicted the appellants for the offence as indicated above.