KASHI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 23.3.1998 passed in Sessions Trial No. 393/92/30/87 by Sri Pramod Bahadur Mathur, 6th Additional Sessions Judge, West Champaran (Bettiah), whereby and whereunder the learned Sessions Judge found charges under Sections 498-A, 304-B and 328 of the Indian Penal Code against both the appellants and convicted and sentenced both the appellants to undergo rigorous imprisonment for ten years under Section 304-B, IPC and to undergo rigorous imprisonment for one year under Section 328, IPC but did not pass any sentence under Section 498-A, IPC and ordered that both the sentences to run concurrently.

(2.) As it appears from the written report of informant Amerika Ram (P.W. 9), the prosecution case, in short, is that his cousin sister Subhasini Devi (deceased) was married to appellant No. 1 Kashi Ram, son of Ramautar Ram (appellant No. 2) of village Bakulahar, P.S. Majhaulia, District West Champaran. The deceased Subhasini Devi was used to be tortured by her in-laws and appellant No. 2 Ramautar Ram used to beat her and even refuse to provide meal. As per FIR the deceased on 29.2.1992 at 2 p.m. consumed poison and died as she was being tortured by her in-laws. After deceased died her sasural members tried to perform her cremation without informing the informant but the informant knew about the incident and rushed to village Bakulhara and the appellants were not found there as they fled away from the village after leaving the deceased.

(3.) On the basis of written report of informant (P.W. 9) Majhawalla P.S. Case No. 24/92 dated 1.3.1992 for the offences under Sections 498-A and 304-B, IPC was registered and thereafter investigation of the case was taken up by police. After completion of investigation police submitted charge-sheet against both the appellants under Sections 498-A, 304-B and 328 of the Indian Penal Code. Thereafter cognizance of the offence was taken by the Chief Judicial Magistrate vide order dated 9.9.1992 and the case was committed to the Court of Session vide order dated 3.11.1992.