MUNMUN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant stands convicted under Sections 304B and 201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Section 304-B IPC and two years under Sections 201/34 IPC and both the sentences were directed to run concurrently vide judgment and order dated 17.7.2003 passed by Sri Baleshwar Prasad Singh, the then Presiding Officer, Additional Court No.1 (F.T.C.), Sasaram, in Sessions Trial No. 321 of 1998/130 of 2002.

(2.) Prosecution case, which was initiated on the basis of fardbeyan of P.W.3 Shiv Shankar Singh, in short, is that marriage of Kanti Devi, sister of informant Shiv Shankar Singh, was solemnized with Tuntun Singh about six years ago and after three years of marriage her Gauna was performed and she went to her matrimonial house and was living there. Further prosecution case is that after two and a half months of her Gauna the informant took her to his house and again she went to her matrimonial house and it is alleged that at the time of Donga, her brother-in-law (appellant) and father-in-law Singasan Singh were demanding for a Rajdoot Motorcycle and one she buffalo as dowry on which the informant showed his inability for the present because of his poverty but told them that he would manage to fulfill the demand later on. It is further alleged that on 6.6.1996 when the informant along with Ramashankar Singh (P.W.2) went to the matrimonial house of his sister to meet her, the accused persons again started demanding for motorcycle and she buffalo but the informant expressed his inability to fulfill their demand. Further prosecution case is that deceased Kanti Devi used to tell the informant that accused persons used to torture her and also told her that if demands were not fulfilled she would be killed. It is further alleged that on 20.6.1996 in the morning the informant got an information that in the evening of 19.6.1996 his sister Kanti Devi was burnt to death by accused persons and her dead body was secretly cremated in order to disappear the evidence of murder and to screen themselves from legal punishment.

(3.) On the basis of aforesaid fardbeyan, Akorhi Gola P.S.Case No. 42 of 1996 was registered against the appellant and other accused persons. After investigation police submitted charge sheet and after cognizance the case was committed to the court of sessions, which ultimately came to the file of Sri Baleshwar Prasad Singh, the then Presiding Officer, Additional Court No.1 (F.T.C.), Rohtas at Sasaram for trial and disposal. It further appears that during trial accused Singasan Singh (father-in-law) and husband Tuntun Singh were absconding and, as such, their case was separated from the case of appellant, brother-in-law, who has been tried along with Raghubanshi Devi, mother-in-law of the deceased and she has been acquitted from the charges leveled against her.