SHIV KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the State.

(2.) The appellant has been convicted under Sec. 304B of the Penal Code and sentenced to undergo rigorous imprisonment for ten years. He has, further, been convicted under Sec. 201/34 of the Penal Code and sentenced to undergo rigorous imprisonment for three years and a fine of rupees five thousand and in case of payment of default of fine to undergo simple imprisonment for one month. It has been ordered that all the sentences shall run concurrently.

(3.) The prosecution case as alleged in the first information report by the informant, Ram Balak Choudhary, the uncle of the victim -deceased Dazy Devi the victim -deceased was married with Shiv Kumar Singh, son of Gopal Singh, resident of village Basudeopur, P.S. Muffasil, district Begusarai, in the year 2004. It is, further, alleged that since then the husband, Shiv Kumar Singh, father -in -law, Gopal Singh, mother -in -law, Laddu Devi, wife of Gopal Singh, Jata Shanker Singh, bhainsur of the victim -deceased and Usha Devi, wife of Jata Shanker Singh and gotni of the victim -deceased, always used to assault, not provided food and repeated the demand to bring rupees fifty thousand from her father else she will be killed. The dispute and demand was mediated by the informant, Ram Balak Choudhary, Sanjay Choudhary, Bablu Choudhary by going to the sasural of the victim -deceased. The further case is that their demand immediately fulfilled. It is, further, alleged that in the night of 11.07.2010 at 12 in the mid night, the informant received a telephone intimating that Dazy Devi the niece of the informant has been murdered and the dead body has been disposed off in the river. In the morning the informant along with other five persons went to Basudeopur and found that the house of the victim -deceased was locked and the inmates of the house were absconding. On the written report of the informant, Ram Balak Choudhary, an endorsement was made to register case, so Muffasil P.S. Case No. 299 of 2010, dated 12.07.2010, under Ss. 304B/201/34 of the Penal Code lodged with a direction to Assistant Sub Inspector of Police, Siya Ram Prasad Yadav to investigate the first information report lodged and the investigation proceeded.