PAPPU RABI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Addl. Public Prosecutor for the State.

(2.) This criminal appeal has been preferred against the judgment of conviction dated 24.4.2001 and order of sentence dated 25.4.2001 passed by learned Addl. Sessions Judge I, Katihar in Sessions trial no. 323 of 1998 by which and whereunder he convicted the appellants for the offences punishable under sections 306 and 201 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for five years each and also slapped a fine of Rs.1000/- each under section 306 of the Indian Penal Code and furthermore, the learned trial court ordered that in default of payment of the above stated fine, the appellants would have to undergo further rigorous imprisonment for two months each. The learned trial court further sentenced the appellants to undergo rigorous imprisonment for two years each and a fine of Rs 1000/- each also slapped under section 201 of the Indian Penal Code and furthermore, the learned trial court ordered that in default of payment of the aforesaid fine, the appellants would have to undergo further rigorous imprisonment for one month each. However, the learned trial court directed that all the sentences would run concurrently.

(3.) P.W. 4, Ramsi Rabidas gave his fardbeyan to ASI of Korha police station district Katihar on 17.2.1998 at 2 p.m. to this effect that marriage of his daughter Kamli Devi had taken place with appellant no.1 in the year 1996. On 16.2.1998, when he came to the house of the appellants with an intent to take back his daughter on the eve of Shivratri festival, he found that no person was present in the house of the appellants. He further stated that one neighbour of the appellants, namely, Shivdhari Ravidas disclosed that on 13.2.1998 his daughter, Kamli Devi committed suicide by consuming thymate and after her death, her in-laws disposed of her dead body. Having learnt the aforesaid fact, P.W.4 sat on the door of the appellants and started waiting for their arrival. He further stated that at about 6 p.m. in-laws of his daughter came to their home and when they saw him, appellant no.2, namely, Gopal Rabidas caught his legs and disclosed that his daughter Kamli Devi died after consuming thymate and her dead body had already been buried and furthermore, appellant no. 2 started requesting not to lodge any case in respect of the above stated occurrence. P.W.4, further, stated in his fardbeyan that at the time of marriage, his son-in-law, Pappu Rabidas had demanded one watch and bicycle in dowry but due to his poverty, he could not fulfil the aforesaid demand of his son-in-law and on account of non-fulfillment of the above stated demand, his son-in-law as well as mother-in-law of the deceased used to torture the deceased. He further stated that the aforesaid fact had been disclosed by the victim several times before him prior to alleged occurrence. He further stated that when he enquired from co-villagers of the appellants, he learnt that appellant nos.2 and 3 and other vil1agers participated in disposing of dead body of his daughter.