UMA SHANKAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of same judgment, therefore they have been heard together and shall be governed by this common judgement.

(2.) Originally there were two appellants in Criminal Appeal No. 245 of 2002 but on account of death of appellant No. 1 Sarswati Devi, during the pendency of this appeal, her appeal has already abetted as recorded in the order dated 14.3.2007. Now the sole appellant in this appeal is Raju Gupta who is younger brother of sole appellant in the other appeal, Uma Shankar Gupta. By the impugned judgment and order dated 22.4.2002 passed by learned 7th Addl. Sessions Judge, Gaya in Session Trial No. 9/ 2000/52/2000 both the appellants have been convicted for the charge under Section 302/ 34 of the Indian Penal Code (IPC) for which they have been awarded rigorous imprisonment for life and a fine of Rs. 5,000 each and in default further rigorous imprisonment for one year. They have been further convicted under Section 498(A)/34 of the IPC and sentenced to rigorous imprisonment for four years. They have also been convicted under Section 201/34 of the IPC and sentenced to rigorous imprisonment for two years. All the sentences are to run concurrently. However, the accused persons were acquitted of charge under Section 304B of the IPC.

(3.) PW4 Jagnath Prasad Gupta is father of the deceased Manju Kumari Gupta who was wife of appellant Uma Shankar Gupta. He lodged Gaya Civil Lines P.S. Case No. 108 of 1999 on 11.5.1999 through a written complaint against the appellants and their mother saraswati Devi alleging that he had married Manju Kumari Gupta to Uma Snankar Gupta in April, 1993. After marriage the girl went to her matrimonial house and stayed there but she used to come to her parents house also. She had a three years old daughter- Soon after the marriage there was a demand for colour T V. although earlier gold ornament s and household, articles had been given in dowry. In April, 1999 Manju Kumari Gupta had gone from her parents house to her matrimonial home. One Sanjay Kumar Gupta (PW7) son of brother-in-law (sala) of the informant had gone to his mousi, Kari Devi's house situated in the same Mohulla Bishnupad in the town of Gaya where the house of the appellant is situated. On returning from Kari Devi's house to Daud Nagar, Sanjay Kumar Gupta informed Manoj Kumar Gupta (PW 5) son of the informant that Manju Kumari Gupta and her daughter Reshma Gupta had been murdered while Manju Kumari Gupta was in her sasural (Matrimonial House). On this Manoj Kumar Gupta (PW5) came to Orissa where the informant resides and works and informed him on 8.5.1999. The Informant with his nephew Yugal Prasad Gupta (PW6) came to Gaya and went to her daughter's house and found the same locked. He then went to shop of his son-in- law and there he met one Jagarnath Prasad Gupta, brother-in-law of appellant Uma Shankar Gupta who on interrogation stated that Uma Shankar Gupta, the appellant and his family members had gone away after locking the house without disclosing anything. The informant made enquiry from neighbours and came to know that the appellants and their mother Saraswati Devi had killed informant's daughter Manju Kumari Gupta and her three years old daughter and to hide the offence they had burnt the dead bodies on 3.5.1999. He alleged that the murder was committed on account of dowry.