SUDHIR KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants were put on trial by the learned 1st Additional Sessions Judge, Dharbhanga in Sessions Trial No. 91 of 1990 / 29 of 1990 by being charged jointly under Sections 302 read with Section 34 of the Indian Penal Code and Section 304 B of the Indian Penal Code. By judgment dated the 19th of June, 1991 the learned trial Court held the appellant Sudhir Kumar Thakur guilty of committing offence under Section 304 B read with Section 34 IPC, whereas, appellant Birendra Thakur @ Khakhan Thakur was convicted of offence under Section 304 B IPC. The two appellants were heard on sentence on the same day and each of them was directed to suffer rigorous imprisonment for life. The appellants have preferred the present appeal jointly to challenge the above judgment of conviction and order of sentence.

(2.) Some of the undisputed facts were that Kiran Devi was the daughter of P.W. 1, namely, Ram Chandra Mishra and she had been married to appellant Sudhir Kumar Thakur on 24.7.1987. It appears undisputed that the deceased had died in the night of 17th September, 1989 and it is also not disputed that at the time of her death she was in her matrimonial house or was residing with her husband and his other family members. As may appear from the evidence of P.W. 1, it was not denied that at the time of marriage no dowry was paid and that the informant had got his daughter married to appellant Sudhir Kumar Thakur through negotiator. The lady Kiran Devi, while residing in her matrimonial house, was blessed with a son who was born in the house of P. W. 1 who had brought her back for that purpose.

(3.) In the background of above admitted facts, the informant (P.W. 1) alleged that he received letters from the deceased which were marked Exts. 1 and 1/1 in the year 1988 informing him that he should get a job for appellant Sudhir Kumar Thakur else the coming days for the lady was not going to be very happy. It was stated that the accused persons had also started demanding Rs.15,000/-which was due to be paid as consideration for the marriage and non-fulfilment of the demand appeared to have resulted in killing of his daughter and causing her dead body to disappear. The informant had stated that he had learnt from one Satyadeo Mishra (not examined) regarding the killing of his daughter and causing disappearance of the dead body of kiran.