BENGALI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the seven appellants stand convicted under Sections 302 and 201/34 of the Indian Penal Code for committing murder of Basanti Devi, daughter of the informant and causing disappearance of the evidence of the said murder and each has been sentenced to undergo imprisonment for life thereunder. Appellants Munki Devi and Umesh Choudhary are wife and son respectively of appellant Bengali Choudhary and rest of the four appellants are their co-villagers. Deceased Basanti Devi was the wife of appellant Umesh Chaudhary.

(2.) THE prosecution version which led to the trial of the appellants is that Basant Devi, daughter of the informant Jethu Choudhary, village Pathri, P.S. Atri in the district of Gaya was married to appellant Umesh Choudhary in village Khukhari, P.S. Atri, District Gaya about eight years before occurrence when she was a chi1d. About two years prior to the occurrence the Duragaman was performed when she went to her matrimonial house. She stayed at her matrimonial house for one month. THE informant then went and brought her back. After staying at the informant's place the girl again went to her matrimonial house where she stayed for two months and then the informant again brought her back. THEreafter appellant Bengali Choudhary came to the place of the informant for Rukhsati of Basanti Devi but as she was ill, the informant did not send her. THEn the informant learnt that appellant Bengali Choudhary was getting his son married again. His daughter also came to know of it and so she without any formal invitation from her in-laws' side went on her own to her matrimonial house. In the night she stayed in her matrimonial house, but in the morning appellants Bengali Choudhary, Umesh Choudhary and Munki Devi beat her and drove her out of the house threatening that they would not keep her and Bengali Choudhary further threatened that he would get his son married again. On this the informant and his caste men got a panchaiti convened which took place at village Khukhari at the door of Birju Paswan. In the panchaiti a bond was got executed that if the informant failed to send the girl to her matrimonial house, he would be liable to pay Rs. 5,000 and if the groom's side did not keep the girl in their house properly they would be liable to pay Rs. 5,000. THE bond was kept with one Rajeshwar Singh of village Khukhari. After the panchaiti, Basanti Devi started living at her matrimonial house but she was not being treated there properly. On 4.10.1989 in the morning at 9.00 a.m. one Rajdeo Choudhary of village Khukhari came to the informant and informed him that his daughter had been strangulated to death by appellant Bengali Choudhary and his family members in the preceding night. On this information the informant along with others went to village Khukhari and learnt that the dead body of her daughter was being cremated in the burning ghat. THEy then reached the burning ghat and saw appellants Umesh Choudhary, Ramjee Choudhary, Etwar Choudhary, Ramadhar Prasad Mahto, Lala Choudhary, Dhnanjay Prasad and Kapil Prasad cremating the dead body along with 5-6 persons; and seeing the informant and others, they fled away. THEy also learnt from the villagers that appellants Bengali Choudhary, Umesh Choudhary and Munki Devi had murdered his daughter by throttling in the previous night.

(3.) ALL the appellants were charged under Sections 302 and 201 of the Indian Penal Code. They pleaded not guilty to the charges. Their defence as gathered from the suggestions given to the PWs is that Basanti Devi used to remain ill and she died of illness.