AMAR RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole Appellant has been convicted under section 302/34 Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 3,000/- and in default of which simple imprisonment for nine months and further under Section 201/34 Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with fine of Rs. 2,000/- and in default of which simple imprisonment for six months by judgment and order of conviction dated 5th October, 2010, passed by the Additional Sessions Judge, Rosera, Samastipur, in Sessions Trial No.930 of 2008 arising out of Hasanpur P.S. Case No.124 of 2008.

(2.) The case of the Informant (PW 6) Mahangu Ram is that his daughter, Ranju Devi, deceased was married about 10-12 years back to the Appellant and was living in her matrimonial home. However, she did not have any children and so, her husband and brother-in-law used to torture her by saying that she was barren. Subsequently, the Appellant remarried a younger lady and brought her home and when her daughter came to the maternal home she informed that the Appellant used to torture her. On 05.07.2008 at about 12.00 Noon, he learnt from someone that his daughter has been killed by the Appellant and rest of his family members and had quietly put her dead body in the filed to decompose. At this information, he reached the house of the Appellant and found no one there. The villagers told him that in the previous night the deceased had been killed by her husband, his brother-in-law and second wife of her husband and had thrown the dead body in the cane field. He then proceed there but he did not find any one and found the half burnt dead body of his daughter at which he gave information to the police.

(3.) During trial, the prosecution examined 13 witnesses. PW 1 (Ram Nah Thakur), PW 2 (Ram Naresh Ram), PW 3 (Naresh Paswan), PW 4 (Sagar Ram) and PW 9 (Achit Ram) have been declared hostile.