LAWS(PAT)-2015-1-19

SUNIL KUMAR SINGH Vs. THE STATE OF BIHAR

Decided On January 15, 2015
SUNIL KUMAR SINGH Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Sole appellant Sunil Kumar Singh @ Sunil Kumar who has been found guilty for an offence punishable under Section 498A and directed to undergo R.I. for two years as well as also fined Rs. 1000/- in default thereof, to undergo R.I. for fifteen days under Section 304(B)/34 IPC and directed to undergo R.I. for ten years, under Section 201/34 IPC and directed to undergo R.I. for four years as well as also fined Rs. 1000/- in default thereof, to undergo R.I. for thirty days with a further direction to run the sentences concurrently vide judgment of conviction dated 23-06-2010 and order of sentence dated 28-06-2010 by Additional Sessions Judge, FTC, Munger in Sessions Trial No. 486 of 2009 has preferred instant appeal.

(2.) Sikandar Singh (PW-3) father of deceased Kanchan Kumari had filed written report before the concerned police station on 12-04-2008 alleging inter alia that his daughter Kanchan Kumari was married with appellant Sunil Kumar Singh @ Sunil Kumar on 22-06-2007 and accordingly, gone to her Sasural where, during course of stay, her Sasuralwala began to torture for procurement of dowry. Even on 10-04-2008 his daughter was brought by appellant Sunil to his place who threatened that in case demand is not fulfilled within shortest span of time, Kanchan Kumari will be murdered. Today, he has been informed over which they rushed and found the house locked without having presence of any of the family member of Sasuralwala of Kanchan Kumari. Dead body of Kanchan Kumari was also not found.

(3.) On the basis of the aforesaid information, Tarapur P.S. Case No. 44 of 2008 was registered followed with investigation, during course of which dead body was recovered from a bush, and after completing the same, charge sheet was submitted only against the appellant, as was under custody keeping investigation pending against others on account of their abscondance. Accordingly after taking cognizance of an offence case has been committed, trial commenced and concluded in a manner, subject matter of instant appeal.