KEDAR PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) The appellant has been convicted under Sections 304B and 201 of the Indian Penal code by judgment dated 27.05.2017 passed by the learned 1st Additional Sessions Judge, Hilsa at Nalanda in Sessions Trial No. 35 of 2013 and by order dated 31.05.2017 he has been sentenced to undergo R.I. for seven years for the offence under Section 304B of the Indian Penal Code and R.I. for three years and fine of Rs. 2000/- and in default of payment of fine to further suffer S.I. for a period of three months for the offence under Section 201 of the Indian Penal Code. The sentences have been ordered to concurrently.

(3.) The appellant is the husband of the deceased who is said to have killed her by poisoning. The case of the prosecution is based on the written report of Kishori Prasad, father of the deceased who has been examined as P.W. 5 at the trial. He has alleged that he had married his daughter with the appellant about 5-6 years ago. At the time of marriage, sufficient cash and articles were given by way of dowry. His daughter gave birth to two female children; one of whom was two years of age whereas other was two months old. It was further alleged by aforesaid P.W. 5 that the appellant as well as his other family members always troubled her and insisted upon her to bring Rs. 50,000/- for the purposes of investing in business. On 01.12.2011, at about 12 O' Clock in the day, the son of the informant viz. Ajay Kumar received a telephonic information from Indrajeet Prasad that the appellant and others have administered poison to the deceased and after her death, they have disposed off the dead body. On this information, the informant/P.W. 5 went to the matrimonial home of the deceased where he was threatened of being killed. The deceased was not available in the house. It was therefore requested by the P.W. 5 that necessary action be taken against the accused persons. On the basis of the aforesaid written report lodged on 03.12.2011 a case vide Hilsa P.S. Case No. 397 of 2011 dated 03.12.2011 was registered for investigation for the offences under Sections 304B and 201 of the Indian Penal Code.