AWDHESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.126 of 2015 wherein Awdhesh Rai is the appellant and Criminal Appeal (SJ) No. 201 of 2015 wherein Chandan Kumar is the appellant originate against the common judgment of conviction dated 23.02.2015 and order of sentence dated 26.02.2015 passed by Additional Sessions Judge, IXth, Patna in Sessions Trial No.681/2013 whereby and whereunder both the appellants have been found guilty for an offence punishable under Section 304B IPC, 201/34 of the IPC, 120B of the IPC and accordingly sentenced R.I. for ten years under Section 304B IPC, RI for two years, fine of rupees five thousand under Section 201/34 as well as 120B IPC, respectively and in default of payment of fine to undergo S.I. for one month additionally with a further direction to run the sentences concurrently.

(2.) Manoj Kumar (PW.4) filed written report on 25.06.2012 disclosing therein that his younger sister Babita Kumari daughter of Mahendra Raut was married with Chandan Kumar, son of Awadhesh Rai on 29.02.2012. At the time of marriage they have given all the articles, cash so demanded by the bridegroom side. About a month thereafter, while his sister was staying at her Sasural, Chandan advanced demand of rupees two lacs and a chain. After having been informed, he undertook to provide after availability of the resources but this undertaking did not satisfy them, on the other hand, his sister continued to be tortured. Lastly, his sister informed about 10-15 days ago on mobile and requested him to come to her Sasural whereupon, he had gone there. The husband, his parents, his younger brother Nandan Kumar as well as sister Salu Kumari insisted upon fulfillment of rupees two lacs as well as a chain. He again replied that after arranging the same, he will provide. Then, thereafter, he returned back. His sister used to talk with them regularly on mobile. Since 22.06.2012 there was no conversation. On 24.06.2012 Chandan came to his place at 06:00 AM and informed that on account of some sort of altercation with his sister Babita in the previous night, he had gone to sleep over roof. On the morning, when he got down found her missing. Whereupon he along with Chandan as well as other relatives made hectic search but in vain. Then thereafter, he informed the police. During course of conversation in the mohalla, he was informed that his sister was murdered by his brother-in-law along with his family members and got the dead body disposed off by way of throwing the same in the river the Ganges, whereupon, written report has been submitted.

(3.) After registration of Digha P.S. Case No.94/2012, investigation commenced and after concluding the same, charge sheet has been submitted against the appellants including Vishal and Dilip (since acquitted) at different stages on account of their arrest at different occasions keeping the investigation pending against remaining accused whereupon, the trial commenced and concluded in a manner subject matter of instant appeal.