HARE RAM JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the five appellants have been convicted under sections 304-B and 498-A of the Indian Penal Code, however, appellant no. 1 Hare Ram Jha and appellant no. 2 Durga Nand Jha have been sentenced to undergo imprisonment for life and appellant no. 3 Meera Devi, appellant no. 4 Asha Devi and appellant no. 5 Mithilesh Devi have been sentenced to undergo rigorous imprisonment for seven years under section 304-B of the Indian Penal Code. However, no separate sentence has been passed against any of the appellants under section 498-A of the Indian Penal Code.

(2.) The prosecution case as disclosed in the Fardbeyan of the informant Meena Devi (P.W. 5) is that her niece Sudhia Devi was married with appellant no. 1 Hare Ram Jha 3-4 years back. At the time of occurrence she was pregnant. On 22/9/1997 she learnt that the members of her matrimonial family were assaulting. She on this information went to see her along with her sister-in-law and neighbours, namely, Arjun Mishra, Satyanarain Mishra, Kunwarje and Sarv Narain Mishra. It has been stated that when they reached there the mother-in-law of the deceased Jeewachhi Devi alias Meera Devi informed her that Sudhia Devi was in the process of delivery. When she insisted to see her the sister of the husband of deceased Sudhia Devi, namely, Asha Devi and Mithilesh Devi obstructed her on the door having lathi in their hands and also threatened her with dire consequences if she tried to enter into the room. There was altercation between them and appellants Durga Nand Jha, father of Hare Ram Jha, mother-in-law Meera Devi, Hare Ram Jha and his nephew Saroj Jha also arrived there having lathi in their hands. They all were at the verge of assaulting them. By that time there was hulla in the village that Durga Nand Jha and his family members have already killed deceased Sudhia Devi. The villagers assembled there and thereafter the informant with the help of the villagers entered into her room and found that her niece Sudhia Devi was already lying dead in the house on a cot. When she wanted Meera Devi to get further information about her death, they all managed to flee away stealthily taking advantage of crowd assembled there.

(3.) On the basis of the aforesaid statement a case was lodged and the police after completion of investigation submitted chargesheet against the accused persons. Accordingly, the cognizance was taken and the case was committed to the court of Session for trial. Accordingly the appellants were put on trial who pleaded not guilty and stated that they have been falsely implicated in this case due to enmity. Ultimately, the trial concluded and ended in conviction and sentence of the appellants.