RAGHVENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred the present Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") against judgment of his conviction and sentence in Sessions Trial No. 338 of 2012 passed by learned Adhoc Additional Sessions Judge - I, Muzaffarpur. By judgment dated - 24.05.2013 the sole appellant was convicted for offence under Section 302 of the Indian Penal Code, 1860 [ hereinafter referred to as the "I.P.C."], however, he was acquitted from charge under Section 304(B) of the I.P.C. and by order dated: 25.05.2013 he was sentenced to undergo imprisonment for life under Section 302 of the I.P.C. and directed to pay a fine of Rs. 5,000/-. In default of payment of fine, he was directed to further undergo imprisonment for two years. The judgment of conviction and sentence was passed by Sri Phool Chandra Chaudhary, learned Adhoc Additional Sessions Judge -I, Muzaffarpur [ hereinafter referred to as the "trial judge"] in Sessions Trial No. 338 of 2012 ( arising out of Gaighat P.S. Case No. 326 of 2009 ).

(2.) Short fact of the case is that on 11.12009 a written information was submitted by one Sri Sunil Kumar ( P.W. 7 ) disclosing therein that his younger sister was married with the appellant/ Raghvendra Rai , S/o Mahendra Rai, village - Rauna Kuchahari, P.S. -Gaighat, District- Muzaffarpur. The said marriage was solemnized on 18.07.2008. In the marriage he spent money as per his capability and as gift he had given Rs. 1,00000/- as well as ornaments and clothes. After marriage when his sister went to her in-law's house in village -Rauna Kuchahari, for sometime she led peaceful married life, however, after some time his sister repeatedly on mobile informed the informant that appellant and inlaws were demanding motorcycle and more money. After getting such information he went to village -Rauna Kuchahari and told his brother-in-law ( appellant) and his father that in marriage he had incurred huge expenditure and at the moment he was not in a condition to provide motorcycle, however, he assured that after some time if money is arranged he will provide motorcycle and pay demanded money, however, his brother-in-law [appellant] , father-in-law/ Mahendra Rai, mother -in-law / Chandrakala Devi, <SUP>[1]</SUP> [ sister of husband of deceased] /Amrita Kumari, <SUP>[2]</SUP> [ elder brother of husband of deceased ] - Kaushal Rai , <SUP>[3]</SUP> [ cousin father -in-law ] - Sakal Rai, S/o Late Jaleshwar Rai; <SUP>[3]</SUP> / Chanardeo Rai, S/o Late Jaleshwar Rai, <SUP>[4]</SUP> ( cousin mother-in-law) / Reshmi Devi, W/o Chanardeo Rai; <SUP>[5]</SUP> / Manoj Rai, S/o Chanardeo Rai and Pikal Rai , S/o Sakal Rai; all residents of village - Rauna Kuchahari started repeatedly assaulting his sister and administered different types of torture . His sister was also blessed with a male child, aged about three months. All such informations were given by his sister through mobile. On 11.12009 at 1.00 P.M. one Mahesh Rai on mobile gave information that his sister was done to death by aforesaid accused persons by assault and pressing her neck. After getting such information the informant with his uncle -Subhash Rai, Kailash Rai ( P.W. 2), cousin brother / Anil Kumar, S/o Kailash Rai ( not examined), cousin brother -Pankaj Kumar , S/o Subhash Rai ( not examined) along with his co-villager/ Laxman Rai went to Rauna Kuchahari to the house of Mahendra Rai [ father of the appellant ] and saw that his sister had already died. Three month child of his sister was taken away somewhere else by all the accused persons. Thereafter, the informant through mobile informed the Police Station, then Police Officials arrived at the place of occurrence.

(3.) The informant in its written report claimed that his sister was done to death due to non-fulfillment of demand of dowry by assaulting and pressing her neck. The said written report was signed by the informant and on the basis of the said written report on 11.12.2009 at 22.15 Hours ( 10.15 P.M. ) a formal F.I.R. vide Gaighat P.S. Case No. 326 of 2009 was registered for the offence under Section 304(B) , 34 of the I.P.C. against ten accused persons which includes the appellant . After investigation Police found accusation against appellant and his mother / Chandrakala Devi true and showing them as absconder on 29.06.2011 submitted charge -sheet, however the Investigating Agency exonerated other eight F.I.R. named accused persons. After submission of charge - sheet on the basis of lower court record it appears that on 22.11.2011 the appellant surrendered before the court below and the learned Chief Judicial Magistrate, Muzaffarpur on 21.12.2011 took cognizance of the offence. The case was committed to the court of Sessions on 21.05.2012, and as such , it was numbered as Sessions Trial No. 338 of 2012. On 04.07.2012 charge was jointly framed against the appellant and his mother / Chandrakala Devi for the offence under Section 302/ 34 and 304B/34 of the I.P.C.