SAKAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Sakal Sah who has been found guilty for an offence punishable under Section 304B of the IPC, 201 of the IPC vide judgment dated 27.02.2013 and sentenced to undergo R.I. for eight years as well as slapped with fine appertaining to Rs.2,000/ - in default thereof, to undergo S.I. for six months additionally under Section 304B of the IPC, R.I. for two years as well as fine of Rs.1,000/ - in default thereof to undergo S.I. for three months additionally under Section 201 of the IPC with a direction to run the sentences concurrently vide order dated 28.02.2013 passed by Adhoc Additional Sessions Judge -I, Sitamarhi in Sessions Trial No.568 of 2010/102 of 2010 has preferred instant appeal.

(2.) P .W.3 Mantoran Devi, mother of deceased Munni Devi filed written report on 30.10.2009 alleging inter -alia that her daughter Munni Devi was married with Mukesh Sah, son of Sakal Sah of village Pachnaur about two and half years ago. About three months ago, in the month of Shrawan bidai of Munni Devi was effected. At that very time, they have demanded a television as well as bicycle. However, she had gifted pial as well as Rs.1,000/ -. They have further disclosed that in case bicycle and television is not provided, then they will commit murder. In the evening of 29.10.2009 she came to know that her daughter has been administered poison on account of which she died and then thereafter her dead body has been burnt. Over this, she along with her husband Dhanai Sah, son Rampujan Sah and Bachhu Sah gone to Paachnaur where they have come to know that Mukesh Sah, Sushila Devi, Ram Kumar Sah, Satan Sah and Ram Kumar Sah, Sakal Sah all have murdered her daughter by administering poison and then disposed of her dead body.

(3.) THE plea of appellant by way of defence as is evident from mode of cross -examination as well as from the statement recorded under Section 313 of the Cr.P.C. is complete denial of occurrence. Further it has specifically been pleaded that deceased died of natural death whereupon prosecution party were properly informed and in whose presence, funeral was done but subsequently, only to squeeze money they have filed instant case with false and frivolous allegation. However, neither any D.Ws. has been examined nor any exhibit has been brought up on record.