SHIVNATH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 03.07.2013 and order of sentence dated 17.07.2013 passed by 1st Additional Sessions Judge, Samastipur, in Sessions Trial No. 166 of 2009, arising out of Khanpur P.S. Case No. 122 of 2008, whereby the learned trial Court convicted the accused Shivnath Sahni and Baijnath Sahni under Section 304-B and Section 201 of the Indian Penal Code (hereinafter in short referred to as the "IPC") and sentenced convict Shivnath Sahni to undergo rigorous imprisonment for ten years under Section 304-B IPC and further sentenced him to undergo rigorous imprisonment for three years under Section 201 IPC and sentenced Baijnath Sahni to undergo rigorous imprisonment for seven years under Section 304-B IPC and also sentenced him to undergo rigorous imprisonment for three years under Section 201 IPC. All the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Khanpur P.S. Case No.122 of 2008 was instituted under Sections 304- B/201/34 of the Indian Penal Code against the accused Shivnath Sahni, Mankia Devi, Baijnath Sahni, Anita Devi, Ramnaresh Sahni, Vinod Kumar Sahni, Raghunandan Sahni, Mahabir Sahni, Ramlagan Ram, Ramnarayan Ram, Dinesh Sahni and Bilat Sahni on the basis of written report of Rita Devi, wife of Late Jagdish Sahni with the allegation in succinct that she had performed marriage of her daughter, namely, Lovely Kumari with Shivnath Sahni on 05.07.2006 according to Hindu rites and rituals and accorded gift in the marriage as per her capacity but at the time of Bidai her sonin-law demanded Hero Honda motorcycle or Rs.50,000/- in cash. On giving assurance by her to fulfill his demand in future on becoming her financial condition sound, her daughter went to her marital house on Bidai. She lived in her marital house for 6-7 months happily. Thereafter, her husband, mother-in-law, Manakia Devi, brother-in-law, namely, Baijnath Sahni and sister-in-law, namely, Anita Devi started passing comments and tormenting her for nonfulfillment of demand of motorcycle. Her son-in-law also used to mount pressure upon her for the said demand. She called her daughter to her house on performing Bidai. Her daughter lived in her house for six months but the accused persons did not take care of her during the aforesaid period. Then after tendering apology her son-in-law, Shivnath Sahni and his elder brother Baijnath Sahni took her to her marital house performing Bidai but they also extended threatening of dire consequences in case of non-fulfillment of dowry demand at that time. On visit of any person to her marital house, her daughter used to make complain with him about tormenting her by the accused persons over the aforesaid demand. On 29.09.2008 there was hulla in her village about eliminating Lovely Kumari by administering her poison or by any other mode by the accused persons. She got telephonic information of the same in Orissa and then regressed her village on 01.10.2008 and sent her brother-in-law, Chameli Sahni to the marital house of her daughter who found the inmates of the house absconding locking the door. He learnt from the locals that the accused persons had committed her murder by administering poison or by strangulating in the night of 28.09.2008 over the aforesaid dowry demand and disposed of her dead body in association of the villagers named in the written report.