YOGENDRA JHA @ JAGO JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction dated 19.6.2001 and order of sentence dated 20.6.2001 passed by learned Sessions Judge, Katihar in Sessions case no. 95/1997 by which and whereunder he convicted the appellants for the offences punishable under sections 304B and 201 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years under section 304B of the IPC and rigorous imprisonment for three years under section 201 of the IPC. However, all the sentences were ordered to run concurrently.

(2.) In brief, the prosecution case, is that on 14.12.1993 at about 7 p.m., P.W. 10 went to Pothia police station and gave his fardbeyan to officer-in-charge of Pothia police station to this effect that marriage of his sister Navina Devi aged about 22 years was solemnized with appellant no.2, Sanjay Jha on 22.4.1987 but even after taking dowry in marriage his brother-in-law Sanjay Jha and his parents Yogendra Jha @ Jago Jha and Sunita Devi used to demand Rs 80,000/- in dowry. His sister started residing at her matrimonial home after her Duragman and whenever he used to visit the house of inlaws of his sister, in-laws of his sister used to demand the above stated amount in dowry and also used to give threatening to kill his sister, if the aforesaid amount is not given to them. He expressed his inability to give the aforesaid amount to the parents of the appellant Sanjay Jha but when the appellants intended to purchase Tata 407 bearing registration no. BR 39-1969, they again demanded the aforesaid amount and after the aforesaid demand, he asked his father to pay the aforesaid amount. He further stated that his father gave Rs 50,000/- to Sanjay Jha as well as Yogendra Jha at Alamnagar after selling land and sesam trees. He further stated that at the time of Dipawali, when he went to Salempur to meet his sister, his sister started weeping and telling that her in-laws were giving threatening to kill her. He asked in-laws of his sister to send her to her Maike but Sanjay Jha and his father refused to send his sister. On 19.10.1993, while he intended to return to his home, his sister caught his feet and started weeping and telling that her in-laws would kill her. He, any how, pacified his sister and came to his house. He further stated that on 11.12.1993 Jaichandra Jha ( P.W.12) came to his village and disclosed that his sister Navina Devi was killed by her husband as well as her in-laws and her dead body had been disposed of. Having got the aforesaid information, he came to Salempur where villagers disclosed that his sister was murdered on 6.12.1993. He enquired from in-laws of his sister but they did not give any satisfactory answer. In-laws of his sister had not given any information regarding death of Navina Devi. He claimed that his sister was killed by her husband and in-laws on account of non-fulfillment of illegal demand of dowry and her dead body was disposed of by them.

(3.) On the basis of the aforesaid fardbeyan, Pothia P.S. case no.161/1993 for the offences punishable under sections 302, 201/34 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act was registered and formal FIR was drawn up against the appellants for the above stated sections. The matter was investigated by the police and after investigation, police submitted charge sheet for the offences under sections 302 and 201/34 of the Indian Penal Code. On being receipt of the charge sheet, learned Chief Judicial Magistrate took cognizance of the offences under sections 302, 201/34 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act and later on, the case was committed to the court of sessions, in usual way.