BENGALI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellants-convict under Sec. 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'CrPC') challenging the impugned judgment of conviction and order of sentence dtd. 19/11/2003 passed by learned Additional District and Sessions Judge, Fast Track (Additional) Court, Nalanda, Bihar Sharif in S.T. No.51 of 1991/Tr. No.70 of 2002 arising out of Rahui P.S. Case No.2 of 1990, whereby the trial court has convicted both the above-named appellants under Ss. 304-B and 201 of the Indian Penal Code (for short 'IPC') and sentenced to undergo simple imprisonment for ten years under Sec. 304-B of IPC and simple imprisonment for three years under Sec. 201 of the IPC respectively with a fine of Rs.5000.00 each and in default of payment of fine, to further undergo imprisonment for two and half years. All the sentences have been ordered to run concurrently.

(2.) The case of prosecution, in brief, as it appears from the written information that the informant, namely, Amrit Ram/PW-7, when visited the matrimonial village of his daughter in connection with some other work, he met with his 'samdhi' , who responded him in very casual manner, causing a suspicion, whereafter he straightway go to the house of his daughter, where he found that his daughter is lying dead over a cot. He returned to his village and informed about the occurrence to Shiv Kumar Mahto, Nathun Tanti and Vijay Ram and taking them together, against came to matrimonial village of his daughter, namely, Panchitand, where he found the dead body of his daughter was missing and no family members were present over there. It was stated that his 'samdhi' and son-in-law usually tortured her daughter for non-fulfilment of demand of dowry. He suspected that his daughter might be killed by his son-in-law, namely, Shyam Sundar Ram and his father. It is stated that the marriage was fixed against total cash amount of Rs.6,000.00, where Rs.4,000.00 was paid by him but, he could not manage balance amount of Rs.2,000.00.

(3.) On the basis of aforesaid written information, the police lodged a case as Rahui P.S. Case No. 2 of 1990. After completion of investigation, the charge-sheet was submitted under Ss. 304-B and 201 of the IPC.