TUNTUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeal are directed against the judgment of conviction dtd. 15/3/2017 and the order of sentence dtd. 20/3/2017, passed by Sri Ram Lal Sharma, Additional District and Sessions Judge-I, Banka in Sessions Case No. 75 of 2015/ 91 of 2015, Tr. No. 583 of 2016, whereby and whereunder the appellants have been convicted for the offences under Sec. 304B/34, 201/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 10 years for the offence under Sec. 304B/34 I.P.C. and 3 years for the offence under Sec. 201/34 I.P.C. with fine of Rs.10000.00. In default, they have further been directed to undergo simple imprisonment for 3 months. All the sentences have been directed to run concurrently.

(2.) The prosecution story, in brief, is that the marriage of the deceased sister of the informant had taken place in June, 2009 with Tuntun Yadav, the elder son of appellant Gobo Yadav. After marriage, his sister was blessed with a baby boy. But very recently the in-laws of his sister started demanding the money for a new motorcycle and also for a cow for feeding the milk to the child. His sister told her in-laws that his father is no more and his brother is very poor and he cannot give the money. On this, her in-laws used to assault her and in this regard panchayati was also held. On 25/7/2014 the husband of the sister of the informant came and informed that his wife, in anger, leaving their child, has left the home. Then we all searched for her but could not find her. In the evening at 7 pm one Sumendra Yadav of village Gorda informed that one dead body is lying in the Gorda pokhar. On this the informant alongwith his family members and other villagers went there and found the dead body of his sister floating in the pond. Then he informed the police.

(3.) On the basis of the aforesaid statement of the informant, Jay Prakash Yadav, Bounsi P.S. Case No. 122 of 2014 was registered under Sec. 304B. 201/34 of the Indian Penal Code against four accused persons namely, Godo Yadav, Kaushlya Devi, Tuntun Yadav and Bablu Yadav.