NAND LAL SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 28th March, 1995 passed by Sri Bal Govind Prasad, 3rd Additional judicial Commissioner, Ranchi in S.T. No. 575 of 1993 through which all those appellants were found guilty under Section 3048 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for ten years each and further these appellants were also found guilty under Section 498A of the Indian Penal Code and they were sentenced to under go rigorous imprisonment for three years each and it was further ordered that both the sentences will run concurrently.

(2.) The fact, in short, leading to the conviction of these appellants is that daughter of the informant was married with Sheopujan Sahu, appellant No. 3, about four years prior to the institution of the case and it has been alleged by the informant, the father of the deceased, namely, Pushpa Devi, that on 1.3.93, Santosh Sahu, the younger brother of the son-in-law of the informant, came and took bidai of his daughter, but, he was under the apprehension that his daughter will be ill-treated in her matrimonial house because her daughter case to tell about the torture by her in-laws. It has also been alleged that after 15 days, the informant had also gone to meet hex daughter and from her daughter, he could learn about the ill-treatment which was being meted to her and father the mother of the informant had gone to meet Pushpa Devi with some presentation, but, she was not allowed to meet Pushpa and presentations were not accepted. On 23.3.93, the informant got information through Surya Prasad Sahu that his daughter committed suicide. So he informed the local Rulanya and had gone to the matrimonial home of his daughter situated in village Ladhup within P.S. Silli Dist. Ranchi and found her daughter dead and as such he went to Silli P.S. and lodged the information in the afternoon of 29.3.93. He alleged in the FIR that as his daughter was not good to look at so she was being tortured and he had also paid Rs. 7000/- to his son-in-law for securing a job.

(3.) On the basis of the fardbayan lodged by the informant, this case was instituted as against all the appellants and the I.O. went to the place of occurrence and found the dead body of the deceased buying on a cot and inquest was prepared and dead body was sent for post-mortem examination. The police after completing the investigation submitted chargesheet as against all the appellants under Section 304B and 498A of the Indian Penal Code. The trial court after conclusion of the trial found all the appellants guilty under Section 304B and 498A of the LF,C and convicted and sentenced them' in the manner indicated above.