BACHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These criminal appeals have been preferred against the impugned judgment of conviction and sentence order dtd. 10/5/1995 and 15/5/1995 respectively passed by the learned Addl. Sessions Judge XII, Patna in Sessions trial no. 107/1989 by which and whereunder the learned Addl. Sessions Judge XII, Patna convicted the appellants in Cr. Appeal no. 138/1995 and one co-accused, namely, Manoj Singh for the offences punishable under Sec. 304B of the IPC and Sec. 302 read with Sec. 34 IPC and further convicted the appellants in Cr. Appeal no. 105/1995 and Jogendra Singh appellant no.1 in Cr. Appeal no. 138/1995 for the offences punishable under Sec. 201 read with Sec. 34 IPC and accordingly, sentenced the appellants in Cr. Appeal no. 138/1995 to undergo rigorous imprisonment for life for the offence punishable under Sec. 304B read with Sec. 34 IPC and no separate sentence was awarded for the offence punishable under Sec. 302 read with Sec. 34 IPC. The learned Addl. Sessions Judge convicted the appellants in Cr. Appeal no. 105/1995 and appellant no.1, namely, Jogendra Singh in Cr. Appeal no. 138/1995 to undergo rigorous imprisonment for five years each for the offence punishable under Sec. 201 part I of the IPC. However, the learned Addl. Sessions Judge ordered that sentences awarded to appellant no.1, namely, Jogendra Singh in Cr. Appeal no. 138/1995 shall run concurrently.

(2.) Since both the aforesaid criminal appeals have arisen out of common judgment, the same are being disposed of by this common judgment.

(3.) P.W.2, Satyendra Kumar Singh gave his fardbeyan to officer-in-charge of Bihta Police Station in the evening of 21/4/1987 to this effect that on the same day at about 4.15 p.m. while he was at his line hotel situated at Pitambarpur village, his cousin uncle, namely, Awadhesh Kumar Singh (PW4) informed him that his sister, namely, Asha Devi aged about 21-22 years was badly beaten and killed by her husband, namely, Manoj Singh, his brother-in-law, namely, Jogendra Singh at her matrimonial home. Having got the aforesaid information, he along with PW1 rushed to matrimonial home of his sister where they met father-in-law of his sister, namely, Kaviraj Singh who gave threatening to kill them saying that they had not given to him 2 kathas of their land of Pitamberpur which he had demanded earlier, when they made enquiry about sister of PW2. PW2 further claimed that he made attempt to enter inside the house of the aforesaid Kaviraj Singh but he was not allowed to enter into the house by the said Kaviraj Singh brandishing lathi and thereafter, he as well as PW1 gathered information from neighbours and came to learn that on the same day at about 12 noon, his sister was administered poison in her meal and poison spread in her body and when she started wriggling in pain, her husband, namely, Manoj Singh and her elder brother-in-law, namely, Jogendra Singh and father-in-law, namely, Kabiraj Singh beaten her causing internal injury as a result whereof she died and after her death, the aforesaid persons took away her dead body with the help of Butan Singh and Bachu Singh giving colour of her illness. PW2 further claims that two years back her sister had been badly beaten by in-laws but out of fear, no case was lodged against in-laws of his sister. He, further, claims that six years back, in-laws of her husband had demanded two kathas of his land situated near Chauraha at Pitamberpur and when the demand was not fulfilled, they quarreled with PW1 and PW2 but, any how, the aforesaid dispute was resolved. PW2, further, claims that his sister was not liked by her husband. He, further, claims that marriage of his sister had taken place with Manoj Singh five years ago. He also claims that while he was going to Bihta police station to lodge the case, PW3, Sahdul Singh, Siyaram Singh met him on the way. He also claims that co-villagers of in- laws of his sister had seen the appellants and others carrying dead body of his sister.