ANIL CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Anil Chaudhary who has been found guilty for an offence punishable under Section 304(B), 498(A), 201 of the IPC vide judgment dated 27.07.2011 and sentence to undergo R.I. for 10 years, R.I. for 3 years, R.I. for 3 years respectively with a further direction to run the sentences concurrently vide order dated 29.07.2011 passed by Additional Sessions Judge, FTC -IIIrd, Muzaffarpur in Sessions Trial No.563 of 2001 has preferred instant appeal.

(2.) LALAN Kumar (PW -8) filed a written report on 01.07.2000 disclosing therein that his sister Nilam was married with Anil Chaudhary, son of Diplal Chaudhary of village - Simri Chahuta in the year 1994. Just after marriage, her Sasuralwala began to torture her as well as she was also subjected to physical assault. In due course of time she had begotten a child namely Jyoti Kumari. About 4 or 5 days ago, he (informant) had received one unstamped letter through post office written by Nilam disclosing the fact that her Sasuralwala had brutally assaulted her. It has further been disclosed that on 30.06.2000, one person has telephoned him and said that his sister has got badly burnt. On this, he immediately rushed and reached on 01.07.2000 at about 07:00 AM. On query, he came to know that she died due to burn and her dead body was disposed of by her Sasuralwala. It has further been disclosed that on earlier count also, he had received unstamped letter of his sister wherein torture at the end of her Sasuralwala was mentioned. He has also disclosed that the letter also contained the request of his sister to call her otherwise her Sasuralwala would commit her murder.

(3.) THE defence case, as is evident from mode of cross -examination as well as from the statement recorded under Section 313 Cr.P.C. is of completely denial of occurrence. Furthermore, the deceased died on account of her accidental fire while preparing food which was properly intimated to Lalan Kumar, the informant who participated in funeral. However, subsequently developed ill motive and got this case filed with false and frivolous allegation.