SHRAWAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha learned Amicus Curiae for the appellant and Ms. Anita Kumari Singh, learned APP for the State.

(2.) The present appeal has been filed under Sec. 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the Judgment of conviction dtd. 25/2/2006 and order of sentence dtd. 28/2/2006 in Sessions Trial No. 165 of 2001 arising out of Lakhisarai P.S. Case No. 118 of 2000 passed by the learned Additional Sessions Judge, Fast Track Court No.-II, Lakhisarai whereby and where under the appellant has been convicted for the offence punishable under Ss. 304 (B) and 201 of the Indian Penal Code (hereinafter referred as 'IPC') and has been sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Sec. 304 (B) of the IPC and further three years of imprisonment for the offence punishable punishable under Sec. 201 of the IPC and also directed to pay a fine of Rs.1,000.00 and in default of payment of fine, he is also directed to undergo further two months of simple imprisonment and both the sentences will run concurrently.

(3.) The brief facts leading to the filing of the present appeal is that the informant namely Kishori Paswan (PW-4) made a written report on 15/4/2000 before Officer-In-Charge of Chanan P.S. that on 29/4/1998 his daughter Pinki Kumari (deceased) was married to the appellant (Shrawan Paswan) and after marriage she went to her matrimonial home. After some days she was brought back to her parental home, when she was pregnant and on that time she disclosed that she would not stay in her matrimonial home, because her Sasur, Sas, Bari Gotani, Manighali Gotani, Bhaisur, Maijhala Bhaisur and Dever as also her husband used to torture and assault her for bringing cash of Rs.10,000.00 and a Colour T.V. They were also threatening to leave her and to kill her. After hearing these things, the informant had assured that when he will get money, he will fulfill their demand. The informant's daughter had again went to her matrimonial home when she was about four months pregnant and resided there. The informant's mother had gone to Kumardih on 16/3/2000 to attend the marriage of younger brother of his son-in-law where the informant's daughter had also gone and she had told to her grand-mother that her husband was demanding Rs.10,000.00cash, colour T.V. and one palung and for this reason, she was being assaulted and tortured. On 14/4/2000, in the evening, the informant got information that his daughter was killed by inmates of her sasural. On 15/4/2000, the informant went to Jankidih and there, on inquiry, he came to know that on 12/4/2000, his daughter was killed by the inmates of her sasural and her dead body was burnt (cremated).