MEDNI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) BOTH these A ppeals have been preferred by the 2/8 appellants against their conviction for the offences under sections 304B/34 and 201/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven and three years respectively. However, the sentences are to run concurrently as awarded on 9th April 2002 by learned 3rd Additional Sessions Judge, Saharsa in Sessions Trial No. 191/1998 arising out of Saur Bazar P.S. Case No. 157 of 1996 by same judgment all the appellants have been acquitted for the charge under Section 302/34 of the Indian Penal Code.

(3.) THE prosecution case in short as revealed from Ext.1, written application dated 28th August 1996 of the informant, Kishore Kumar Singh, PW -8 is that his sister Rekha Devi married with the appellant, Medni Singh 6 to 7 years ago and, some time thereafter, there was a demand of motorcycle which could not be fulfilled due to poverty. However, one bicycle was given but after retaining for some period it was returned and she was subjected to torture by her 3/8 husband and in -laws including the appellant. Suddenly, on 25th August 1996, DW -1, Rajendra Yadav, informed father of the deceased, Fuleshwar Singh, PW -4, about illness of his daughter. Consequently, he on the following day went to enquire the matter but intimated by the appellant, Paltan Singh about her death by burn. PW -4, came back and again along with Rajendra Singh (PW -5), Kishore Kumar Singh (PW -8), villager Surendra Narain Singh (PW - 6), Ram Ballav Singh (PW -7) and Gajendra Narain Singh (PW -2) went back and could learn from the villagers that on 23rd August 1996 itself she was assaulted and killed by pressing her neck followed by putting in fire inside the house and a rumor was sprayed that she herself died due to diarrhea. Informant has further stated that in spite of residing at a distance of 10 kms. which may be covered by bicycle within 45 minutes there was no information given and still the two daughters of the deceased apprehend danger of life at the hand of the accused persons. All these four appellants were put on trial for the offences under sections 302/34, 304B and 201/34 of the Indian Penal Code besides, others but remaining such acquitted from the charges under section 302 of the Indian Penal Code, stand convicted and sentenced in the manner aforesaid.