GANAURI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels appearing on behalf of the parties.

(2.) BOTH the appellants abovenamed respectively being father -in -law and husband of deceased daughter of the informant have preferred this appeal against their conviction for the offence punishable under Sections 304B, 498(A) and 201 of the Indian Penal Code and respectively sentence to undergo rigorous imprisonment for ten and two years each, however, all the sentences are to run concurrently, as awarded on 20th Day of February, 2002 by learned 2nd Additional Sessions Judge (F.T.C.), Patna, in Sessions Trial Nos. 684 of 1992 / 65 of 2001 arising out of Phulwari Sharif (Gaurichak) P.S. Case No. 389 of 1991.

(3.) THE prosecution case in short as reveals from the written application (Ext.2) of P.W.3, namely, Deolagan Rai, dated 30th November, 1991, is that the marriage of his daughter, namely, Devanti Devi (deceased) was performed roughly four years ago with appellant no. 2, namely, Kaushal Yadav, and the second marriage (Duragaman) was performed in the year 1990 and at that time there was a demand of one cow and a golden chain by appellant no. 2 and his family members but since the informant was not in a position to fulfill such demands, he did not. Thereafter, in the month of Kartik at the occasion of Chhath the deceased came to informant 's place and subsequently appellant no. 1, namely, Ganauri Yadav, came to take her back and at that occasion also on the question of not coming of appellant no. 2, he informed about his annoyance for non -fulfillment of the demands (cow and golden chain). A few days, thereafter, the informant visited the place of the appellants on 28.11.1991 but found them alongwith others sitting and initially they informed that the deceased has left their place two or three days ago but on further query made from the villagers he could know that she was done to death by poisoning on 25th November, 1991 and also the body was disposed of.