CHANDAN KUMAR YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) This appeal arises out of the judgment of conviction 05.05.2014 and order of sentence dated 09.05.2014 passed by Shri Vidyadhar Prasad Pandey, learned Additional District & Sessions Judge, I Katihar, in Sessions Trial No. 325 of 2012 by which the appellant had been convicted for offence under Sec. 304(B) of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(3.) The prosecution case as alleged in the First Information Report by the informant Madhav Prasad Yadav that his daughter Sadhna Devi aged about 25 years married with the appellant Chandan Kumar about two years back. She had no issue but at the time of occurrence she was pregnant. It is further alleged that soon after the marriage of the daughter of the informant, her husband Chandan Kumar Yadav, father -in -law Mahesh Yadav and mother -in -law Soni Devi used to demand of Rs. 1.5 lakhs and a buffalo. They used to subject to have started her to mental and physical cruelty for non -fulfillment of demand. Since economic status of the informant was not well he showed his inability to fulfill the demand and anyhow managed for making her daughter stands to remain at sasural. It is further alleged that on 09.09.2011, the son -in -law Karelal Yadav who is resident of Village -Pothiya informed that his daughter Sadhna Devi had been murdered by her husband, father -in -law and mother -in -law by assault her. However, having regard to the fact that information of murder received in the late night he reached the sasural of his daughter on the next day and found his daughter lying dead in Verandah of her sausral. The informant makes out search of the husband, father -in -law and mother -in -law of the victim daughter then he found they were absconding from the house. Further case is that he enquired from his elder son -in -law Karelal Yadav and his daughter Rekha Devi and others about the cause of death of the victim Sadhna Devi then they disclosed that on the last night behind the back of the house of informant at about 7.00 P.M. in the field of Mantu Yadav, the husband, father -in -law and mother -in -law of the victim brutally assaulted her and murdered her. At the place of occurrence haldi plant was found trampled and a torn sari of his daughter was lying there. Then he informed the police station where his statement was recorded. Further case is that it is clear that his daughter Sadhna Devi having been murdered by her husband Chandan Kumar Yadav, Mahesh Yadav father -in -law and Soni Devi mother -in -law in furtherance of their common intention by assaulting her.