PRASAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 56 of 1995 (R) and criminal appeal No. 72 of 1995 (R) were taken up together as both had arisen' from the common judgment of conviction passed in-S.T. No. 167/1989 by Shri Bansari Ram, 1st Asstt. Sessions Judge. Palamu at Daltonganj and this common judgment will dispute of both the appeals.

(2.) In criminal appeal No. 56 of 1995 (R) Parsan Sao, Uday Sao and Raj Kalia Devi are the appellants and they had been convicted under Section 306, 201 and 498 (A) of the IPC. Parsan Sao has been sentenced 8 years RI under Section 306 of the IPC, one year RI under Section 201 of the IPC and two years RI under Section 498 (A) of the IPC. Uday Sao had been convicted and sentenced to undergo RI for 9 years, one year and two years RI under Section 306, 201 and 498-A of the IPC respectively arid similarly Raj Kalia Devi was sentenced to undergo RI for 5 years, one year and two years under the same counts. Further appellant Mathura Sao of criminal appeal No. 72 1995 (R) was sentenced to under RI for ten years under Section 506 of the IPC one year RI under Section 201 of the IPC and two years RI under Section 498 (A) of the IPC and it was ordered that all the sentences will run concurrently.

(3.) The prosecution case in short is that the sister of the informant was married to appellant Mathura Sao of village Chanho within Chainpur P.S. in the year 1974 but she was being ill-treated by the husband, the father-in-law Parsan Sao, mother-in-law Raj Kalia Devi @ Rajani Devi and brother-in-law Uday Sao and her husband and-in-laws were not providing even food and on one occasion her Sister Lalo Devi took Sattu after obtaining the same from co- villagers Sudama Sao and on another occasion Prabha Sao gave Rs. 30 for purchase of food articles. It has also been alleged that in-laws and even the husband were telling her sister that they will not provide her food and began to torture her and as such due to such ill-treatment her sister committed suicide alongwith her three minor children by jumping in the well. With this allegation FIR was lodged on 13.10.1980 at Chainpur Police Station.