ASHWANI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Ashwani Kumar who has been found guilty for an offence punishable under Section 304(B), 201 of the IPC vide judgment dated 21.02.2012 and sentenced to undergo R.I. for 10 years as well as R.I. for three years along with fine appertaining to Rs.1 000/ - in default thereof, S.I. for two months additionally with a further direction to run the sentences concurrently order judgment dated 23.02.2012 by Additional Sessions Judge, FTC -IV, Khagaria in Sessions Trial No.43 of 2003 / 221 of 2010 has challenged the same under instant appeal.

(2.) ARVIND Kumar Choudhary (PW -8), maternal uncle of deceased Reena Kumari had filed written report on 13.04.2001 alleging inter alia that his sisters daughter Reena Kumari, aged about 23 years was married with Ashwani Kumar, son of Rama Nand Sharma of village -Panchkhuti (Rahimpur) about five years ago. Since after her marriage father -in -law Rama Nand Sharma, mother -in -law Asha Devi, sister -in -law Rupam Kumari, husband Ashwani Kumar and her brother -in -law began to demand a motorcycle as well as colour T.V. in lieu of dowry and for that , she was regularly treated with torture and cruelty and for that, she used to inform her Naihar. Anyhow, motorcycle was given on the following year however colour T.V. was not given and on account thereof, they all have committed murder of his sisters daughter on 11.04.2001 and concealed her dead body at Ganga Diyara. The aforesaid information was given by unknown person on 12.04.2001 on account of which he along with others came at Rahimpur and had gone to the house of accused who were found absconding. They engaged themselves in searching out the dead body and on account thereof, they could not met with police official at an earlier occasion. It has also been submitted that the father of girl has gone to his relative. Therefore, he along with uncle Ram Vinay Singh came at Police Station for the purpose of filing of case.

(3.) FROM the mode of cross -examination as well as from the statement of the appellant recorded under Section 313 of the Cr.P.c. the defence plea as adopted by the appellant happens to be complete denial of occurrence. However , by way of suggestion it has also been flashed that deceased was suffering from ailment for which she was properly treated as well as during course of cooking the stove burst leading to her accidental death and to support the same had examined DW - 1, father of deceased.