KUNJLAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5th May, 1993 passed by Sri Raja Ram Singh, Sessions Judge, Giridih, in Session Trial No. 200/91 thereby and thereunder the sole appellant was found guilty under Section 304B of the Indian Penal Code and also under Section 201 IPC and he was sentenced to undergo rigorous imprisonment for seven years but no separate sentence was passed for the offence punishable under Section 201 IPC. The learned Sessions Judge by the same judgment also acquitted the parents of the appellant, namely, Kamal Yadav and Sabitri Devi.

(2.) THE prosecution case, in short, is that, Munia Devi daughter of the informant Heman Gope was married to the appellant Kunjlal Yadav in the month of Asardh, 1989 and had gone to her Sasur and when she came back she stated to her parents and brother that her husband Kunjlal was demanding Rs. 10000/ in cash and one Rajdoot Motor cycle and further the husband was threatening that unless this demand was fulfilled, he would not keep Munia Devi with him. The informant then requested Kamal Yadav the father of the appellant not to press the dowry demand and expressed his inability to fulfil the same and then pursued them and some how or other sent Munia Devi to her Sasural. After that, it has been alleged that this appellant began to threaten Munia Devi that as Rs. 10,000/ and motor cycle was not given to him, she had to face the consequence of death and this fact was disclosed by Munia Devi to her elder sister Dropadi Devi P.W. 3. It is also the prosecution case that in the night of 9.2.90 the informant got information about the death of his daughter so he rushed to village Cheraghat tola Barai the Sasural of the deceased and found her daughter dead. The informant could learn that the deceased was done to death by the appellant and her parents and a false case was set up that she died due to fall in a well. On the next day, that is, on 10.2.90 at 2.30 P.M. the informant had gone to Bagodar Police Station and submitted a written report that is Ext. 1 and on that basis, this case was instituted as against the appellant and her father and mother. The police after completing the investigation submitted charge sheet as against the appellant and his parents.

(3.) IT is admitted case of the parties that the deceased Munia Devi who is the daughter of the informant (Heman Gope) was married to the appellant Kunjlal Yadav in Ashardh 1989 and admittedly he had gone to her Sasural immediately after the marriage.