RUDAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ravindra Kumar, learned counsel for the appellant and Mr. M. Dayal, learned A.P.P for the State.

(2.) The present appeal has been filed against the judgment of conviction and order of sentence dtd. 24/5/2006 passed by learned Additional Sessions Judge, F.T.C-II, Ara, Bhojpur in connection with Sessions Trial No. 262 of 2002, arising out of Ajimabad P.S. Case No. 37 of 2000, whereby and whereunder the appellants were found guilty and convicted for the offences punishable under Ss. 304(B), 201 read with Sec. 34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for a period of ten years for the offence punishable under Sec. 304(B)/34 of the I.P.C and further rigorous imprisonment for a period of two years under Sec. 201/34 of the I.P.C. Both the sentences were directed to run concurrently. Notably two accused namely Parma Singh and Raj Kumari Devi were acquitted due to non-establishment of the charge.

(3.) The prosecution case as per the F.I.R is that the informant Komal Singh has stated in the written information that he has married her daughter Sunaina Devi five years back with the appellant Rudal Singh. The daughter of the Informant had no issue out of the wedlock. It is alleged that on 18/11/2000 in the evening about 7 P.M. the informant got information from Ram Raksha Singh that his daughter Sunaina Devi has been murdered by her husband and her other in-laws family members on 17/11/2000 in the night by burning her and her husband along with her in-laws had cremated her dead body at the bank of the river. The informant thereafter went to the matrimonial house of her daughter and found that the appellants and other family members had fled away from the place of occurrence.