SATYENDRA KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31-1-2002 passed by Sri Amaresh Kumar Lai, 6th Addl. Sessions Judge, Chapra in S. Tr. No. 312/99 by which he has convicted the appellant under Ss. 304-B and 201,I.P.C. and has sentenced him to undergo imprisonment for 14 years for offence under S. 304-B, I.P.C. and 3 years for the offence under S. 201, I.P.C. with a direction that the sentences would run concurrently.

(2.) The prosecution case, in brief, is that Kanchan Kumari, the daughter of the informant, was married to the appellant- Satyendra Kumar Gupta on 2-7-1997. Co- accused-Baijnath Sah, the maternal grand father of the appellant had adopted the appellant as his son. So, after marriage the girl went to the house of accused-Baijnath Sah at village Repura and started living there. On 20-7 1997 the maternal uncle of the informant came and informed them that on 15-7-1997 Kanchan Kumari was pushed down in river from Katasa bridge as a result of which she was drowned and died. On this, the informant, his son Raja Ram Prasad, went to the house of accused-Baijnath Sah, when the accused informed them that the appellant had taken his wife to his father's house at village Uchaketuka ten days back and he was not aware of his whereabouts since then. The informant along with his son and one Santosh Kumar of Repura then made extensive search of his daughter, and learnt that one dead body was floating in river near Siswani Mathiya. They went there and saw that the dead body was thoroughly eaten up by animals. Only the Sari, Lahthi (bungles) and Saya (petticoat) were there on the body. He identified the dead body to be of his daughter Kanchan Kumari on the basis of clothes as the clothes were given by him. It is further alleged that during marriage the appellant had demanded a T.V. and motorcycle, but as he could not meet the demand, the appellant was annoyed. The informant, hence, apprehended that for nonfulfillment of demand, the appellant, his maternal grand father Baijnath Sah and Khublal Sah (father of the appellant) committed the murder of his daughter and caused disappearance of the dead body.

(3.) On 22-7-1997 at 18 hours at Bheldi P.S. the Fard Beyan (Ext. 4) of the informant was recorded by the S.I. of Police, B. Ram, On the basis of the Fard Beyan formal F.I.R. (Ext. 3) was drawn up at Amnaur (Bheldi) P.S. The police after investigation submitted charge-sheet.