RAJIV SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant Rajiv Singh against the judgment of conviction dated 21.10.2011 whereunder, he has been found guilty for an offence punishable under Sections 304B, 201, 498A of the I.P.C. and sentence dated 25.10.2011 directing to undergo rigorous imprisonment for ten years under Section 304B of the I.P.C., rigorous imprisonment for two years as well as also slapped with fine appertaining to Rs. Five thousand in default thereof, to undergo simple imprisonment for one month additionally under Section 201 of the I.P.C., rigorous imprisonment for two years as well as also fined Rs. Five thousand in default thereof, to undergo S.I. for one month additionally, under Section 498A of the I.P.C. with a further direction to run the sentences concurrently.

(2.) After hearing both sides as well as going through the record, certain admitted fact is to be taken note of for better appreciation. Appellant Rajiv Singh happens to be the husband of Rani Archana Sinha (so alleged victim) with whom marriage was solemnized on 29.04.2007. It is also an admitted fact that the couple proceeded to enjoy holiday (might be a honeymoon trip) to Darjeeling, Manipal etc. and during course of returning, while the couple were travelling by the capital express, aforesaid Rani Archana Sinha disappeared. Rajiv Singh arrived at Patna and then returned back to Mokama where he had conversation with his mother in-law and after getting proper instruction on the facts so disclosed by him from his father in-law, Mokama G.R.P.S. Case no.26 of 2007 was registered at his instance. Simultaneously, mother of Rani Archana had filed case against appellant after so many months. Furthermore, Mokamah G.R.P.S. Case no.26 of 2007, got closed by filing final report while charge sheet has been submitted in the case filed by mother-in-law of appellant, the present one.

(3.) On 05.09.2007 the mother in-law of Rajiv Singh (appellant), mother of Rani Archana Sinha namely Malti Devi (PW-3) filed Complaint Case no.2544 of 2007 against altogether nine accused persons including Rajiv Singh (appellant) showing the date of occurrence as 30.04.2007 to 10.08.2007 to 15.08.2007 alleging inter alia that Rani Archana Sinha happens to be her daughter and was an advocate being a member of District Bar Association, Patna since 2005. Rani Archana Sinha was married with Rajiv Singh, son of Rajdeo Singh, resident of Lalji Tola, Gandhi Maidan, Patna on 29.04.2007, according to Hindu rites and rituals and the venue for aforesaid marriage was Hotel Republic located at Exhibition Road, Patna. After marriage, Rani Archana Sinha had gone to in-laws? house and after staying there for sometime, she returned back to her quarter at Gaya along with her husband Rajiv Singh. At that very time, Rani Archana Sinha had reported that her in-laws have got greedy eye towards her (complainant?s) wealth. Rajiv Singh returned back within two days. Rajiv Singh again came to his quarter within a week at Gaya and requested to allow Rani Archana Sinha to go with him and accordingly, she accompanied. Rani Archana Sinha had also disclosed that Rajiv Singh had prepared a list of ornaments given by them as well as by their relatives and took it in his possession. It has further been disclosed that Rajiv Singh had forbidden Rani Archana Sinha from making expenses. The mother in-law, father in-law, sister in-law compelled her to serve as maid-servant while the brother in-law, Dewar asked for Rs.2,50,000/- from her to facilitate decoration of the house in the background of the fact that as she failed to qualify in the judicial service examination, there was no need to allow her status. While Rani Archana Sinha was staying with her (complainant) at Gaya, her husband Subhash Chandra Prasad was transferred from Gaya to Banka and during intervening period Rajiv Singh repeatedly requested to send Rani to Patna. Although, she was not inclined, but on an assurance of Rajiv Singh that they will soon follow at Banka, Rani Archana Sinha returned back to Patna on 11.07.2007. It has further been disclosed that while staying at Banka, Rajiv Singh had talked several times with her and at each occasion, he gave assurance to come along with Rani Archana at Banka and also shown his inclination to go to Deoghar. It has further been disclosed that result of C.D.P.O. was published on 10.08.2007, wherein Rani Archana Sinha was not selected. She had talked with Rani Archana Sinha to console her. However, she was alright as was not interested with C.D.P.O. cadre. During conversation, she had not talked about her departure to Darjeeling. Without having any sort of pre-information with regard to going to Darjeeling, on 10.08.2007 Rajiv Singh along with Rani Archana Sinha proceeded for Darjeeling. However, Rani Archana was in touch with her and on 12.08.2007, she had informed that she was at Manipal. On 13.08.2007, she had contacted with Rani Archana on mobile phone, which was disconnected by Rajiv Singh. However, Rajiv Singh and Rani Archana Sinha talked with her. Mobile phone of her daughter as well as son in-law Rajiv Singh was found switched off in the evening of 13.08.2007 as well as 14.08.2007. On 15.08.2007 again she tried to contact with her daughter Rani Archana Sinha, but her mobile was switched off. Then she contacted son in-law Rajiv Singh, who said he had lost all thing. On query, he disclosed that he lost Rani Archana Sinha. Thereafter, her husband enquired from him (Rajiv Singh) and on his disclosure, that he happens to be in Mokama, her husband directed him to inform Mokama G.R.P.S. on account thereof, Mokama G.R.P.S. case no.26 of 2007 was registered on the statement of Rajiv Singh. Then she had averred that she met with Rajiv Singh at Mokama G.R.P.S. and found the golden chain, golden ring missing. Appearance of Rajiv Singh was not depicting the sorrow event which he had just met. Virtually, Rajiv Singh had made out a defence case just to save his skin as the accused persons were adamant to get remarriage of Rajiv Singh, so that they could be able to get sumptuous dowry. It has further been disclosed that Rajiv Singh is continuously giving statement in paper just to save his own skin. Therefore, she smacked some sort of foul play whereunder her daughter Rani Archana Sinha might have been murdered during journey. It has further been submitted from the conduct of G.R.P.S. Police whereunder they had allowed Rajiv Singh to go to Ajmer, the place of posting clearly suggest it the case of connivance. Hence, necessitate for filing of instant case.