KAUSHAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the criminal appeals have been taken up together as they arise out of a common judgment passed by Sri N.N. Singh, Second Additional Sessions Judge, Jamui, in Sessions Case No. 368/93 on 26.4.94.

(2.) The prosecution case in brief is that on 23.4.92 Sri Navin Kumar Singh of village Kharagpur, brother of the deceased Sulekha Devi gave statement before S.I. Tarini Singh of Jamui Police Station wherein he stated that his sister Sulekha Devi was married with Kaushal Singh (appellant in Cr. Appl. No. 258/94) son of Satya Narayan Singh @ Tahlu Singh in the year 1988. The second marriage (Gauna) was also performed after two years of the marriage. He further stated that dispute arose over the demand of dowry by the father-in-law, husband, mother-in-law and the Gotni (wife of the brother of the husband of the deceased) and they used to torture and assault his sister Sulekha Devi. Kaushal Singh and his brother's wife used to demand two bighas of land or a tractor for keeping his sister well. It is further said that about four days before the day of occurrence the informant went to meet his sister and saw her weeping. She requested his brother either to give them a tractor or two bighas of land so that she can live peacefully. On 23.4.92 at about 8.30 a.m. the informant came to know about the death of his sister. So he along with some of his villagers came to enquire about the truth and found that the information was correct. The informant further stated that the accused Kaushal Singh husband of the deceased, father-in-law mother-in-law and the wife of brother of the husband of the deceased committed murder of his sister by administering poison for not meeting the demand of dowry. The aforesaid statement was recorded and was read over and explained to the informant and on being satisfied about its correctness he signed on the same. The Police, thereafter, took up the investigation of the case. An inquest report of the dead body was prepared and thereafter the dead body was sent for post-mortem examination. After completing the investigation Police submitted charge-sheet against all the four accused persons. A charge under Section 304(B)(2) of the Indian Penal Code was framed against all the tour accused. The charge was read over and explained to them to which they pleaded not guilty and claimed to be tried. The trial was taken up by the Additional Sessions Judge, Jamui, and who on completion of the trial, found all the four accused persons guilty under Section 304(B) of the Indian Penal Code and convicted and sentenced each of them to undergo rigorous imprisonment for life.

(3.) Being aggrieved and dis-satisfied with the aforesaid order, the accused-appellant Kaushal Singh filed criminal appeal No. 258/94 and the rest of the three accused appellants filed criminal appeal No. 247/94. As mentioned above, both the appeals have been taken up together for consideration as these arise out of the same judgment/order arising out of the same occurrence.