KAPIL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.299 of 2015 wherein Kapil Paswan is the appellant and Cr. Appeal (S.J.) No.449 of 2015 wherein Shambhu Paswan is the appellant commonly originate against the judgment of conviction dated 13.05.2015 and order of sentence dated 14.05.2015 passed by the Additional Sessions Judge-6 th, Nalanda at Biharsharif in Sessions Trial No.592 of 2012 whereby and whereunder both the appellants have been found guilty for an offence punishable under Section 304B of the I.P.C. and further, appellant Shambhu Paswan has been directed to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000/- in default thereof, to undergo simple imprisonment for one year, additionally. While Kapil Paswan has been directed to undergo 07 years rigorous imprisonment as well as to pay a fine of Rs.5,000/- in default thereof, to undergo simple imprisonment for six months, additionally with a further direction to pay 70 per cent of fine if deposited to the father of the deceased Seema Kumari namely Bijendra Paswan.

(2.) Bijendra Paswan (PW-8) filed written report on 12.03.2012 before the O/c Sare P. S. carrying the dead body of his daughter Seema Kumari disclosing therein that his daughter was married in the month of May, 2011 with Shambhu Paswan, son of Kapil Paswan of village-Onda, P. S.-Sare, District-Nalanda. At the time of marriage, he had gifted according to his means. No sooner than his daughter had gone to her sasural, there was demand at the end of father-in-law, Kapil Paswan, mother-in-law Savitri Devi, Bhainsur Shrawan Paswan, wife of Shrawan Paswan and husband Shambhu Paswan to procure cash as well as other articles which he could not fulfilled and on account thereof, she was subjected to torture. She used to disclose the aforesaid event whenever she came at her Naihar and for that, they were providing due hospitality to the members of her sasuralwala to get the mater pacified. However, due to poverty, he was not at all competent enough to fulfil their demand and in the aforesaid background, the father-in-law Kapil Paswan, husband Shambhu Paswan, mother-in-law Savitri, Bhainsur Shrawan Paswan, wife of Shrawan Paswan caused murder of his daughter Seema Devi by way of throttling and then, after locking the door, all fled away. Villagers informed whereupon he along with family members have come and going inside the house of the deceased, he found her lying over earth having support of a wall whereupon, lifted the dead body over tempo no.BR-21C-3484 to the Police Station, Shyam Paswan and Sunil Kumar stood as a witness over the aforesaid written report.

(3.) On the basis of the aforesaid written report, Sare P. S. Case No.21 of 2012 was registered followed with an investigation and after completing the same, chargesheet was submitted against Kapil Paswan, Savitri Devi and Shambhu Paswan exonerating Shrawan Paswan and wife of Shrawan Paswan whereupon cognizance was taken and accordingly, trial commenced after commitment during course of which, one of the accused Savitri Devi died and so, trial relating to her was dropped. The remaining two that means to say, Kapil Paswan and Shambhu Paswan faced the trial which ultimately concluded in a manner, subject matter of instant appeal.