BABITA DEVI @ MINTU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the appeals arise out of the judgment and order dated 19.12.2012 passed by learned Additional Sessions Judge-II, Madhubani in Sessions Trial No. 267/2010/4 of 2012 whereby and whereunder the appellants have been convicted under Sections 304B read with 34 and 201 of the Indian Penal Code, they have been heard together and this judgment will dispose of them. The appellants have been sentenced to undergo R.I. for ten years under Section 304B of the Indian Penal Code, R.I. for three years under Section 201 of the Indian Penal Code and to pay a fine of Rs. 5,000/- each and in default to undergo S.I. for three months. However, both the sentences have been ordered to run concurrently.

(2.) P.W. 9, Abhiram Singh, submitted his fardbeyan on 9.9.2009 alleging therein that his daughter Puja Devi, aged about 20 years, was married to the appellant Sajjan Singh on 7.5.2008. At the time of marriage, cash, ornaments, clothes and other articles were given to Sajjan Singh and his family members in the form of gift. After marriage, his daughter was taken to her matrimonial home where her husband Sajjan Singh, Sister-in-law (Jethani), Mintu Devi, father-inlaw, Ram Awtar Singh and brother-in-law (Bhaisur), Bijay Singh subjected her to torture for bringing insufficient dowry. After about four months, when the informant went to his daughter s matrimonial home, she narrated her plight to him. She told him that the accused persons were demanding colour T.V. and Rs. 50,000/- in cash for business purposes. The informant requested the accused persons not to torture his daughter. He conceded to give a cow and a colour T.V. as dowry to them. The informant, however, expressed his inability and helplessness in paying Rs. 50,000/- in cash. The informant further alleged that on 27.8.2009, at about 7.30 a.m., his son-in-law Sajjan Singh told him on telephone that he had to go to Ahmedabad with Puja and, as such, requested him to come and take Puja to her Naihar so that before going to Ahmedabad she may meet with other family members. The informant told his son-in-law that he was sending a vehicle so that his daughter may come. However, at about 2 p.m., his Samdhi, Ram Awtar Singh, gave a call on his cellular phone and told him that as there was marriage in the family, he should come to take his daughter after Durga Puja. On 28.8.2009, at about 10 a.m., his Samdhi, Ram Awtar Singh, called him again on his phone and told him to come immediately. When the informant reached the matrimonial home of his daughter at village Chachraha at about 12.30 p.m., he was told by his Samdhi that his daughter had gone somewhere at about 1 a.m. in the previous night and since then she could not be located. He requested the informant to make a search for her so that she may be traced out. Thereafter, on 5.9.2009, the informant lodged a case of kidnapping of his daughter in court at Madhubani against the accused persons.

(3.) The informant has further alleged that on 8.9.2009, at about 6 p.m., the sister-in-law (Jethani) of his daughter, namely, Babita Devi @ Mintu Devi, told him on telephone that his daughter was killed by her husband Sajjan Singh and father-in-law, Ram Awtar Singh, for non-fulfilment of demand of dowry and her dead body after being packed in a gunny bag was thrown into the Jiwach river. The informant stated that on receipt of such information, he along with co-villagers Surya Narayan Singh, Ramesh Singh, Sanjay Singh and Nagendra Singh rushed towards the Jiwach river. When they reached there, they found a severed head of a lady packed in a gunny bag. The informant identified the same as the head of his daughter Puja Devi. The informant and others tried to search the headless body of Puja Devi but, the same could be not located. On the basis of such information, Kaluahi P.S. Case No. 83 of 2009, was registered under Sections 302, 304B read with 34 and 201 of the Indian Penal Code and investigation was taken up. On conclusion of investigation, the police submitted charge sheet against Sajjan Singh and Babita Devi @ Mintu Devi and kept the investigation open as against the other accused persons.