BHOLA MARIK AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Bhola Marik, Megho Devi @ Meghiya Devi along with Shyam Sunder Marik (non -appellant) have been found guilty for an offence punishable under Sections 304B/34 I.P.C., 498A I.P.C., 201/34 of the I.P.C. vide judgment of conviction dated 06.09.1999 whereupon each one has been directed to undergo rigorous imprisonment for eight years under Section 304B/34 of the I.P.C. though no separate sentence has been passed for an offence punishable under Sections 498A I.P.C. and 201/34 of the I.P.C., vide order dated 14.09.1999 by the 2nd Additional Sessions Judge, Banka in Sessions Trial No. 138 of 1994, hence this appeal.

(2.) BHUDEV Manjhi, (PW -5) gave his fard -bayan on 04.05.1993 at about 11.30 a.m. at the bank of Odhini River disclosing therein that in the evening of 03.05.1993, his co -villager Shyam Lal Manjhi had informed him regarding commission of murder of his daughter Taruna Devi @ Marua Devi by her Sasuralwala and had disposed of her dead body. On this information, he along with his younger brother Bhola Manjhi, Badri Manjhi son of Bhola Majhi, Mohan Manjhi son of Vishnu Majhi came at village -Bahera, at the place of his daughter and found all the family members absent. On query made by the neighbours, they have disclosed that Shyam Sunder (husband), Bhola Manjhi (father in -law), wife of Bhola Majhi (mother in -law), Mahavir and wife of Mahavir brutally assaulted her and then, forcibly administered poison on account of which, she died. Then thereafter, her dead body has been thrown away. While they were looking for deceased, there was rumour with regard to recovery of a dead body in the Odhini River whereupon they rushed and found the police officials engaged in taking out the dead body. After taking out the dead body from the river, he had identified that of his daughter Marua Devi.

(3.) ON the basis of the aforesaid fard -bayan, Banka P.S. Case No. 162 of 1997 was registered followed with an investigation as well as submission of charge -sheet whereupon trial commenced and concluded in a manner, the subject matter of instant appeal.