STATE OF BIHAR Vs. KALADHAR CHOUBEY

JUDGEMENT

(1.) This Government appeal filed by the State of Bihar is directed against the judgment and order dated 2.2.1987 passed by Sri Ravi Nandan Sahav, Sessions Judge, Patna, in Sessions Trial No. 653/86, whereby and whereunder the learned Sessions Judge found and held all the six respondents accused entitled for benefit of doubt and, accordingly, acquitted them for the charges under Sections 302 and 201/34, IPC levelled against them.

(2.) The prosecution story, as disclosed by informant Banke Bihari Tripathy (PW 2) in his fardbeyan (Ext. 4), in short, is that her daughter Pratibha (deceased) was married to Kaladhar Choubey (respondent No.1), son of Shashi Bhushan Choubey (respondent No. 4) of mohalla Talimpur, P.S. Barh, about nine years ago and thereafter daughter of informant gave birth to two sons aged 3 years and 7 years respectively. On 4.11.1985 informant had come for rukshadi (taking) of his daughter Pratibha on the occasion of chat brat. When the informant reached the house of his son-in-law Kaladhar Choubey (respondent No. 1) he came to know that last night on 3.11.1985 at about 12 hours in the night his son-in-law Kaladhar Choubey (respondent No. 1) started assaulting his daughter Pratibha (deceased) with danta and lathi and when she became senseless Kaladhar Choubey (respondent No. 1) pushed her from the roof (kotha) in the courtyard resulting her death. It is further stated that thereafter son-in-law of informant Kaladhar Choubey (respondent No. 1) along with his father Shashi Bhushan Choubey (respondent No. 4), Lakhy Chaubey (respondent No. 5), Raju Chaubey (respondent No.2), Randhir Kumar (respondent No. 6), all of mohalla Talimpur, P.S. Barh and some other persons taking dead body of Pratibha to Satisthan, Barh cremated the dead body. All persons of nearby knew this fact. Informant has also stated that cause of occurrence was that daughter of informant was of shamli (dark) complexion and for that her husband always used to say to kill ner.

(3.) As it appears on the basis of fardbeyan of informant (PW 2) Barh P.S. Case No. 274/85 was registered against five accused persons, namely, Kaladhar Choubey (respondent No. 1), Shashi Bhushan Choubey (respondent No. 4), Lakhy Chaubey (respondent No. 5), Raju Chaubey (respondent No. 2), and Randhir Kumar (respondent No. 6) but after investigation police submitted charge-sheet against as many as six accused persons including one non-FIR accused Shakuntala Devi (respondent No. 3 here). Thereafter cognizance of the offences against all the six respondents was taken and the case was committed to the Court of Sessions by Sri R.P. Gupta, learned A.C.J.M., Barh.