RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against judgment and order of conviction dated 10.10.2002 passed by Shri Mungeshwar Sahoo, 1st Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 323 of 1997 arising out of Tarari P.S. Case No. 41/96, whereby and whereunder each of three accused appellants out of five tried together were held guilty for offences under Sections 304-B and 201 of the Indian Penal Code and, accordingly, convicted and sentenced to undergo rigorous imprisonment for ten years under Section 304-B, I.P.C. and rigorous imprisonment for two years under Section 201, I.P.C. and the sentences were ordered to run concurrently.

(2.) The prosecution story, as disclosed by informant Vishwanath Singh (P W. 5), in his Fardbeyan (Ext.-3) recorded by SI Ram Yash Prasad of Tarari Police Station on 10.7.1996 in short, is as follows : grand daughter (Natni) Sarita Devi (deceased), daughter of Chhote Lal Singh (P.W. 2), of informant (P.W. 5) was married with appellant No. 1 Raj Kumar Singh on 24.5.1995. The second marriage (Gauna) of Sarita Devi was performed on 25.2.1996 and thereafter Sarita Devi had been living in her Sasural. As per informant, 20-25 days before when his grandson (Nati) Kashlendra Singh (P.W. 3) had gone to village Kupdeehra to meet his sister (Sarita Devi) and came back had informed his grand-father (Dada) that Jijaji (appellant No. 1) and his family members had asked him to send a Jarsi cow within four days otherwise they would finish his sister. The grand-father of P.W. 3 had no faith in statement of P.W. 3 and so never went to village Kup Deehra. On 5.7.1996 one Shankar Singh came and informed that daughter of Chhotelal Singh had been murdered and cremated by her in-laws. When the informant came to know the fact on 6.7.1996 he went to village Kupdeehra and when searched his grand daughter (Natni) he was informed by samdhi that wife of Raj Kumar (appellant No. 1) died of Kai Dast (diarrhoea) and so she was cremated. When the informant enquired from villagers they told that Raj Kumar Singh (appellant No. 1), Binod Singh (appellant No. 2), Bihari Singh (appellant No. 3), Sushila Devi, Malti Devi and wife of Binod Singh had killed Sarita Devi as demand of Jarsi cow towards dowry was not fulfilled. The informant further stated that as his son-in-law Chhotelal Singh was at Delhi he was informed and as father of Chhotelal Sri Sheoparsan Singh was unable to move informant himself came to police station and got his Fardbeyan recorded. Informant claimed that the accused persons committed murder of his Natni for dowry.

(3.) On the basis of Fardbeyan of informant (Ext. 3) Tarari P.S. Case No. 41/ 96 was registered, police took up investigation and after completion of investigation charge-sheet against the accused persons was submitted. It appears that besides the appellants other accused Malti Devi and Manti Devi were also tried but learned Trial Court finding not them guilty for the charges levelled against them acquitted them and convicted and sentenced each of the appellants as indicated in paragraph 1 of this judgment.