MANORANJAN THAKUR @ RANJAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant, Manoranjan Thakur @ Ranjan Thakur, who has been found guilty for an offence punishable under Section 304(B)/34 of the Indian Penal Code and directed to undergo rigorous imprisonment for ten years, under Section 201/34 of the Indian Penal Code and directed to undergo rigorous imprisonment for three years vide judgment of conviction dated 23.08.2012 and order of sentence dated 24.08.2012 by Ad hoc Additional Sessions Judge -II, Nawadah in Sessions Trial No.113 of 2011/ 93 of 2012 preferred instant appeal challenging the same.

(2.) PW -2 Vikram Kumar gave his fard -bayan on 25.10.2010 at Hisua Police Station disclosing therein that his elder sister Suprita Devi aged 27 years was married with Manoranjan Thakur @ Ranjan Thakur son of Shyam Sunder Thakur of Hisua Maithali Tola on 03.07.2005 according to Hindu Rites and rituals. At the time of marriage, he had gifted according to his means. During her stay at her sasural, she had begotten three children aged about three and half years, two year, one years. Since after marriage, husband Manoranjan Thakur, brother in -law Ranjeet Thakur and mother in -law (named not known) have advanced their demand of Rs.1,00,000/ - (Rs. One lac) in cash and a motorcycle in lieu of dowry. He, being a poor peasant was unable to fulfil the same. Whenever his sister made protest, she was assaulted by aforesaid three persons as well as she was also regularly mentally tortured. On 20.10.2010 in the evening hours, he received call from an unknown, divulging the fact that after murder of his sister her dead body has been concealed by her Sasuralwala'. After getting this information, he along with his mother Indira Devi came to Hisua and then had gone to sasural of his sister. They found lock hanging. On query from neighbours, he came to know that Ranjan Thakur had gone along with children after locking the house in the morning of 16.10.2010, but was not accompanied by his sister as well as one child. In the aforesaid background, the informant formed opinion with regard to murder of his sister along with child in the background, non -fulfilment of demand of dowry as well as getting dead body concealed/ disposed of.

(3.) THE defence case as is evident from mode of cross - examination as well as statement recorded under Section 311 of the Cr. P. C. is of complete denial of occurrence. It has also been pleaded that deceased was carrying illicit relationship with PW -4 Shyamal Kishore Thakur and on having exposure of the aforesaid intimate relationship, it is he (PW -4) who had murdered her. Furthermore, it has also been suggested that the marriage was solemnized in the year 2002 and not in the year 2005, as divulged by the prosecution. On that very score, apart from examination of two DWs, a Lagan Patri (Exhibit -A) has also been brought up on record.