LAWS(PAT)-2017-12-45

TRILOKI RAI Vs. STATE OF BIHAR

Decided On December 18, 2017
Triloki Rai Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellants, Triloki Rai and Usha Rai have been found guilty for an offence punishable under Section 304B IPC and sentenced to undergo SI for 10 years vide judgment of conviction dated 22.01.2015 and order of sentence dated 27.01.2015 passed by 4th Additional Sessions Judge, Buxar in connection with Sessions Trial No. 111/2007 .

(2.) Dr. Awadh Bihari Rai (since deceased) filed written report on 09.12.1999 disclosing therein that his niece Kamini Rai daughter of late Brijbihari Rai was married with Triloki Rai son of Late Ramjee Rai, resident of Dumraon, Buxar about 3 ½ years ago. After marriage, Kamini came to her Sasural and during course of her stay, there was persistent demand of Hero Honda Motorcycle at the end of her husband, Triloki Rai and for that she was subjected to torture. It has also been disclosed that today i.e. on 09.12.1999, he was telephonically informed that Kamini has been burnt to death by one Bablu whereupon, he along with his wife, nephew came to the place of occurrence over a vehicle and found, police carrying dead body. After coming to PS, they had seen body in completely burnt condition. Tongue was protruded. There was injury over the head of the deceased and so, he alleged that after assault and murder, she has been put under fire in order to obliterate the evidence.

(3.) On the basis of the aforesaid written report, Dumrao PS Case No. 207/1999 was registered and after completing the investigation charge-sheet was submitted. During course thereof, as is apparent, appellant, Triloki Rai was under custody while his wife appellant no.2, Usha Rai as well as Chandramauli Rai were shown absconding out of whom, appellant no.2, Usha Rai subsequently surrendered and has been prosecuted under present trial itself while there is nothing on record with regard to the status of Chandramauli Rai.