DASRATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Aggrieved by the same judgment and order dated 21 -9-2001 passed by 2nd Additional Sessions Judge, Nawadah, in Sessions Trial Nos. 198 of 2000/88 of 2000 convicting and sentencing the appellants to undergo R.I. for life under section 302/34 of the Indian Penal Code (in short, IPC), appellants Dasrath Singh, Laxmi Devi alias Siya Devi and Sato alias Satya Narayan Singh have preferred Cr. Appeal No. 523 of 2001 and appellant Raja Ram Singh (sic) Cr. Appeal No. 74 of 2002 which are being disposed of by this common judgment.

(2.) Briefly stated, case of prosecution is that deceased-Babita Devi, second daughter of informant Chinta Devi (PW-4) 4 years prior to 1-4-2000 was married to appellant Raja Ram Singh of Village Kasba Pachrukhi, District - Nawadah according to Hindu Rites. After the marriage deceased had told the informant that her husband was having illicit relationship with some other girl and informant then discussed this matter with her 'Samdhi' appellant-Dasrath Singh who assured her that since appellant-Raja Ram Singh had been married everything would be settled but relations of deceased-Babita Devi went on deteriorating. One year prior to 1-4-2000 appellant-Raja Rama Singh took his wife Babita Devi to Calcutta where he used to work as Tempo driver. One week prior to 1-4-2000 appellant-Dasrath Singh brought Babita Devi from Calcutta to his Village Pachrukhi and knowing this, informant went to village Pachrukhi and requested appellant-Dasrath Singh and her 'Samdhin' Laxmi Devi to allow Babita to come with her on which they said that when appellant-Raja Ram Singh would come from Calcutta they would send Babita to the village of informant, then informant came to her village. On 31-3-2000 appellant-Raja Ram Singh came to his village Pachrukhi from Calcutta and on the same day appellant-Dasrath Singh came to the village of informant and told her that it was not possible to send Babita to her house at that time and she would be allowed to go after 2- 3 days. On 1-4-2000 informant received information that Babita Devi had been killed by the members of the family of her 'Sasural' by setting fire to her and informant then came to Pachrukhi where she met her younger daughter Usha Kumari aged about 8 years who at that time was already living with Babita Devi in her 'Sasural' and who told the informant that on the previous day in the night after taking meal all the four appellants caught hold of Babita Devi and took her to 'Khabari' situate on the back side oi the house where they assaulted her with lathi and after sprinkling kerosene oil put fire by a match box on her body as a result of which she died of burn injuries. On the same day i.e. 1-4-2000 Fardbeyan of informant was recorded by SI, Ravindra Ram (PW-13). The informant in her Fardbeyan alleged illicit relationship of appellant with some girl as motive of the appellants of committing murder of her daughter.

(3.) On the basis of Fardbeyan a case under section 302/34, IPC was registered against the appellants. Police after investigation submitted charge-sheet under the same section against all the appellants. Cognizance of the case was taken and case was committed to the Court of Session where charge under section 302/34, IPC was framed against the appellants and after trial all the appellants were held guilty and were convicted and sentenced to undergo imprisonment for life under section 302/34, IPC.