LAWS(PAT)-2018-12-43

NAWAL KEWAT Vs. STATE OF BIHAR

Decided On December 04, 2018
Nawal Kewat Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) On repeated call none responded on account thereof, Mr. Baban Roy has been requested to assist the court as an Amicus Curiae.

(2.) Appellants Nawal Kewat, Ramprit Kewat, Manju Devi, Yogendra Kewat, Ram Ugrah Kewat have been found guilty for an offence punishable under Section 201/34 of the Indian Penal Code and each one has been sentenced to undergo R.I. for three years, appellant Nawal Kewat, Ramprit Kewat and Manju Devi have further been found guilty for an offence punishable under Section 304B/34 of the Indian Penal Code and each one has been sentenced to undergo R.I. for 10 years with a further direction to run the sentences, concurrently, vide judgement of conviction dated 27.01.2009 and order of sentence dated 28.01.2009 by the Ist Additional District & Sessions Judge, Hilsa, Nalanda in Sessions Trial No. 609/03.

(3.) P.W. 2 Dayanand Kewat gave his fardbeyan on 03.07.2001 at about 6.00 p.m. disclosing therein that his daughter Prabhawati Devi (since deceased) was married with Nawal Kewat of village Bhadaul in the month of June, 1998. After marriage, his daughter has gone to her sasural where stayed for 10 days and then, thereafter, he took her to his place. After spending one and half year at his place, there was Ruksadi and at that very time, he had given furniture, cloth, household articles etc. but, his son-inlaw insisted upon golden chain as well as colour T.V. As, he was not in a position to fulfill his demand so, asked for an excuse. His son-in-law did not accede, on the other hand, continued with his demand and for that, he along with his mother Zirwa Devi and sisters Anita Devi and Manju Devi began to torture her (daughter) in order to compel her to procure the items in lieu of dowry. When, his daughter found helplessness then, in order to rescue herself slipped from her sasural to his place and stayed. Considering that sasural happens to be the place of a married woman, he along with his co-villagers took Prabhawati to her sasural on 30.06.2001 and convened a panchayati participated by Sheo Balak Pahalwan, Mohan Kewat, Tanik Kewat, Mangal Kewat, Etwari Kewat along with other wherein, lastly Nawal Kewat his son-in-law agreed upon to keep his daughter whereupon, they after keeping daughter at her sasural returned back on 01.07.2001. Today, i.e. on 03.07.2001 he received information that his daughter has been murdered by Nawal Kewat, his mother Jirwa Devi, sisters Anita Devi, Manju Devi with the help of his co-villager Ramprit and others on 02.07.2001 and disposed of her dead-body in order to screen themselves.