LAWS(PAT)-2015-12-63

JITENDRA PANDEY Vs. THE STATE OF BIHAR

Decided On December 18, 2015
JITENDRA PANDEY Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard.

(2.) The appellant has been convicted under Sec. 304(B) of the Indian Penal Code (for brevity "I.P.C.") and sentenced to undergo rigorous imprisonment for 10 years.

(3.) Prosecution case, as alleged in the F.I.R. by the informant (P.W.1) Sailendra Tiwary, is that the marriage of his sister Nitu Devi @ Bimla Devi was solemnized on 25.05.2009 with Jitendra Pandey @ Bangur Pandey, S/o. Sheodas Pandey @ Budhan Pandey of village Chhatanwar. He has further stated that his sister was living in her sasural after marriage. It is further alleged that since the time of marriage when she came to sasural, her husband, father -in -law and mother -in -law used to demand motorcycle and golden chain and they disclosed them that they are poor people and when they will get money, they will satisfy their demand. But the sasural people used to subject her to cruelty and used to threaten her to kill and to throw her out from matrimonial home. His father has come to Chahtanwar for about a month back and made them to understand. Further case is that on 26.09.2009, he got information on telephone that his sister is seriously ill. Thereafter, the informant proceeded from his house for Chhatanwar and found his sister Nitu Devi @ Bimla Devi dead. It is alleged that his sister has been murdered by her husband, father -in -law and mother -in -law for non -fulfilment of demand of dowry. The fardbayan was recorded on 26.09.2009 at village Chhatanwar under the Krishna Brahm Police Station. On the basis of fardbayan, the FIR was lodged. The investigation proceeded. The inquest report was prepared and body was sent for postmortem. In presence of the witnesses, the investigating officer investigated the place of occurrence. The place of occurrence is the house of Shivdas Pandey in village Chhatanwar. The dead body was found in the courtyard in the middle and it was found lying north to south. He has given boundary, in the east, the house of Shiv Shankar Shukla, in the west, the house of Ramdas Pandey, in the north, the house of Ganga Sagar, in the south, there is village road and thereafter the house of Satyanarayan Shukla. The dead body was sent for postmortem examination and the postmortem report was prepared and police, after investigation, submitted chargesheet. On submission of chargesheet, the cognizance was taken and case was committed to the Court of Session and after the commitment, the charges were framed for offence under Sec. 304(B) of IPC and trial proceeded.