BIND KUMAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, who has been convicted and sentenced in Sessions Trial No. 381 of 2009, has preferred the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment of his conviction and sentence. The appellant by judgment dated 31-07-2012 was convicted for commission of offence under Section 304 (B) of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and by order dated 01-08-2012, the appellant was sentenced under Section 304(B) of the I.P.C. to undergo rigorous imprisonment for life. The judgment of conviction and sentence was passed by Mr. Shahid Khan, learned Adhoc Additional Sessions Judge - II, Madhubani (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 381 of 2009.

(2.) Short fact of the case is that on 22-02-2009 at 10:30 AM, Sri K. Choudhary, Sub-Inspector of Police of Raj Nagar Police Station recorded fardbeyan of Yogendra Paswan (P.W.17). The fardbeyan was recorded at the door of the appellant (Bind Paswan) at village - Sahaspur. In the fardbeyan, the informant disclosed that on 21-02-2009, his wife Rampari Devi (not examined) had gone to meet her daughter namely Nirmala Devi (deceased), wife of Bind Kumar Paswan (appellant), which was situated in the village Sahaspur, Police Station- Raj Nagar, District- Madhubani. In the village, she met her daughter and at about 3:00 PM her [1] (samdhan) i.e. mother of husband of her daughter arrived there and after some discussion, in respect of dowry by way of bicycle and money (i) Bind Paswan (appellant), (ii) Ram Lalit Paswan (son of late Moti Paswan), (iii) Ramlagan Paswan (son of Sundar Paswan), (iv) Phulo Devi (wife of Ramlagan Paswan), (v) Anil Kumar Paswan (son of Ramlagan Paswan), (vi) Sunil Paswan (son of Ramlagan Paswan), all resident of village Sahaspur, P.S. Raj Nagar, District- Madhubani started quarreling. Thereafter, on the same date in the evening i.e. on 21-02-2009, his wife returned back and narrated all those facts to the informant. On 22-02-2009 at about 09:00 in the morning, while he was at his residence, Balram Paswan (P.W.11) resident of village Sahaspur (Madhubani) telephonically informed him that his daughter Nirmala Devi was done to death by tying rope in her neck. After getting such information, the informant reached to the place of occurrence. The informant disclosed that his daughter was married three years back with the appellant. He saw that dead body was lying on the bed. The informant claimed that all the seven accused persons, due to nonfulfillment of demand of dowry, had killed his daughter by tying rope in her neck. She was done to death in the night of 21-22 February, 2009. The said fardbeyan was read over to him and after finding it correct, he put his signature on the fardbeyan. As a witness to the fardbeyan, Balram Paswan (P.W.11) also put his signature.

(3.) On the basis of said fardbeyan, on 22-02-2009 at 03:00 PM, a formal F.I.R., vide Raj Nagar P.S. Case No. 38 of 2009, was registered under Section 304(B)/34 of the I.P.C. against following seven persons: