BAL KUMAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Sections 302/34 of the I.P.C. by the Additional Sessions Judge, Supaul in Sessions Case No. 2 of 1998 by judgment and order dated 18.1.2001/19.1.2001 and sentenced to undergo rigorous imprisonment for life.

(2.) In the instant case a newly married bride Ranjana Bharti was found dead in her matrimonial home. The story of this unfortunate girl started on 3.2.1997 when her marriage was solemnised with appellant No. 1 Bal Kumar Bhagat. After her marriage she came to her matrimonial home and stayed there for about 15 days. She came back to her father's place and remained there for four months. Her second marriage (Dwiragman) was solemnised on 6.6.1997. Her father came for her Bidagri on 23.7.1997, but it was refused by the father-in-law and the husband of the deceased stating that after Gharhi festival she will be allowed to got to her father's place. On 30.7.1997 Satya Narayan Bhagat and Rajendra Bhagat at 8 p.m. came on jeep and informed Sarju Prasad Bhagat (P.W. 3) and Santi Devi (P.W. 2) that their daughter has been bitten by snake and she is being treated by local people. They should go to village Tamua if they wanted to meet her. At that very time the parents of Ranjana Bharti suspected that their daughter has been killed by the accused persons. Next day in the morning Sarju Prasad Bhagat (P.W. 3) along with his elder son-in-law Manoj Kumar and Baidya Nath Prasad (P.W. 1) went to village Tamua. There he found that his daughter is lying dead in the Verandah. He saw his daughter's face which was black and swollen. He met to his daughter's father-in-law and other relatives who disclosed that she died because of drowning when she was taking bath in the pond. He suspected that his daughter has been killed because of non-fulfilment of demand of dowry. On 23.7.1997 his daughter had informed him that her in-laws and husband are demanding colour T.V. and they are also demanding their letters sent by them, to the informant in which there was demand for dowry.

(3.) The Dy. S.P. Tribeniganj, Supaul instituted Chatapur P.S. Case No. 55 of 1997 on 11.8.1997 on the basis of written report of the informant under Sections 302/120-B of the I.P.C. and Sections 3/4 of the Dowry Prohibition Act. The case was instituted against five named accused persons, the investigation was completed and charge-sheet was submitted only against Bal Kumar Bhagat and Raj Kumar Bhagat. On submission of charge-sheet cognizance was taken and the case was committed to the Court of Session. The Trial Court has convicted and sentenced the appellants as stated above.