SUBHASH CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above Appeals are directed against judgment dated 14.4.2014 and order dated 15.4.2014 passed by Shri Sudhakar Singh, Adhoc Additional District & Sessions Judge-II, Benipur, Darbhanga in Sessions Trial No.343 of 2009, by which the appellants have been convicted under Section 304(B) of the Indian penal Code (hereinafter referred to be as "the IPC") and were sentenced to undergo rigorous imprisonment for ten years.

(2.) Prosecution case, in brief, based on the written application made by the informant (PW3) is that his sister Manika Devi (deceased) was married to accused Subhash Chandra Jha S/O Benkatesh Jha on 20.01.2005 Thereafter she started residing in her "Sasural'. On 28.06.2009, there was marriage of informant and the deceased and had come to participate in it. On 04.07.2009, the accused Subhash Chandra Jha forcibly brought her back to her "Sasural' against her will and left their two and half years old daughter at the house of informant. It has been further stated by the informant that the accused Subhash Chandra Jha and Benkatesh Jha always used to ask for money and on the same day i.e. on 4.7.2009 in the evening, accused Subhash Chandra Jha and Benkatesh Jha came and demanded all the items that the informant has got in his marriage and threatened that otherwise he would lose his sister. On 05.07.2009, at around 5.30, Mithu Jha and Rehmat Ali came to informant and informed him that his sister i.e. the deceased is not well and asked the informant to come. When the informant reached at the "Sasural' of the deceased, he found her burnt and dead and the informant further came to know from the villagers that deceased was locked in the house and was burnt to death by her husband and her in-laws. The informant has further stated that he has firm belief that the accused Subhash Chandra Jha, Benkatesh Jha, mother in law of the deceased and Hem Jha had together burnt the deceased to death.

(3.) On the written application of informant, FIR was registered up and Ghanshyampur P.S. Case No. 102 of 2009 was instituted under Section 304 B/34 of Indian Penal Code against all the above mentioned four accused namely Subhash Chandra Jha, Benkatesh Jha, Hem Jha and mother in law of deceased, On completion of investigation, the Investigation Officer submitted charge sheet against all the above mentioned four accused under Sec 304 B/34 of Indian Penal Code.