SANTOSH RAJBANSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Santosh Rajbansi who has been convicted vide judgment dated 30.06.2011 for an offence punishable under Section 304(B)/34 IPC 201/34 IPC and sentenced to undergo R.I. for 10 years as well as also slapped with fine appertaining to Rs.2000/- in default thereof to undergo imprisonment of one year additionally, R.I. for 2 years under Section 201/34 of the IPC vide order dated 02.07.2011 by the learned Additional Sessions Judge, IVth, Aurangabad in Sessions Trial No.91 of 2009 / 524 of 2009 challenged the conviction and sentence.

(2.) Mishri Ram father of deceased Meera Devi lodged First Information Report on 05.11.2008 at about 08:15 A.M. in presence of Ram Kumar Rajbanshi and Deodutt Rajbanshi alleging inter alia that his daughter Meera Devi aged about 19 years was married with Santosh Rajbanshi, son of Ram Sukhi Rajbanshi on 27-04-2008. Marriage and Gauna was effected simultaneously and at the time of Bidai sumptuous gift were donated according to his means. Five days after marriage, he had sent his nephew Birbal Rajwar with Puchhari as well as also for Bidai of his daughter. But Sasuralwala of Meera Devi had not obliged. After 15 days he himself had gone to Sasural of Meera Devi and met with his son-in-law, Samdhi, his daughter and asked for Bidai even then was refused. After two months, he again gone to Sasural of his daughter and met with his daughter who had disclosed that Bidai will not be effected as they were demanding the motorcycle. He again insisted for Bidai but his Samdhi, Samdhin and son-in-law refused. On 17-10-2008 he had asked for presence of his daughter as well as son-in-law for opening of a bank account to deposit the cheque which he had received in lieu of "Kanya Vivah Yojna". After opening the bank account he handed over passbook to his son-in-law and requested them to come to his place over which his son-in-law disclosed that Bidai will be effected only on the dictum of his parents. His daughter, at that very occasion had said that now her dead body will go. On 04-11-2008 his another son-in-law received information over his mobile regarding commission of murder of Meera Devi by her Sasuralwala as well as disappearance of her dead body. He along with his another son-in-law rushed to the place and then coming to know about the same approached the police.

(3.) On the basis of the aforesaid information, Haspura P.S. Case No.190 of 2008 was registered whereupon investigation commenced and concluding the same, charge sheet was submitted against all except Ram Pravesh Rajbanshi against whom investigation continued. Accordingly, five accused at an initial stage were put up on trial out of whom over death of Phuleshwari Devi a report was called for, meanwhile co-accused Ram Sukhi Rajbanshi and Uday Rajbanshi did not appear on account thereof, vide order dated 07-05-2011 bail bonds were cancelled and trial was accordingly separated. However, the trial continued against Santosh Rajbanshi as well as Badsah Rajbanshi out of whom by the judgment and order impugned Badsah Rajbanshi was acquitted while appellant Santosh Rajbanshi has been convicted and sentenced for.