RAMJI SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal on the behest of the three appellants is directed against the judgment and order dated 3.2.1989 in S.T. No. 194 of 1987 passed by Sri Paras Nath Sinha, 3rd Addl. Sessions Judge, Giridih, whereby and whereunder he convicted the appellants under Sections 302, 498-Aand 201 of the Indian Penal Code and sentenced them to imprisonment for life under Section 302 of the Indian Penal Code. However, no separate sentence has been awarded for the offences under Sections 498-A and 201 of Penal Code.

(2.) The prosecution case, in brief, as made out in the fardbeyan is as under: The deceased, Meena Devi, 17-years old daughter of the informant (Lekho Sao), P.W. 8 was married to accused-appellant Baso Sao (Basudeo Sao) about three years ago. The appellants, Ramji Sao and Pyari Devi (Pyassi Devi) are the parents-in-law of the deceased. The deceased mostly lived with the appellants at her matrimonial home. She used to visit her parental home 2/3 times in a year for 10/ 15 days. On the eve of the last 'Magh Dashmi' the informant went to the house of the appellants for the 'Bidai', but they refused to perform her 'Bidai'. Even then she went to her 'Naihar' in the company of her father-informant. At her parental home, she disclosed that her husband, parents-in-law and Gotni immensely ill-treated her and she expressed her un-willingness to return to her matrimonial home. On 14th Magh, which was Chouth, the appellant-Ramji Sao, father-in-law of the deceased, came to the house of the informant to take back the deceased, but the informant did not perform the 'Bidai', as it was an in-auspicious day. However, on 5th Falgun the informant took his daughter-Meena Devi to her Sasural. Her mother-in-law refused to keep her and assaulted her by holding her locks. Ultimately, on the informant's pursuasion, her parents-in-law kept her in their house. Her husband and in-laws always demanded a bicycle from the informant but he was unable to fulfil the demand. Due to this reason, they used to harass and torture her in various ways. On Friday last (i.e., on 27th of February, 1987) around 8 a.m., the appellant-Baso Sao came to the house of the informant and conveyed that on the previous evening Meena Devi had gone to a temple to worship Lord Shiva at Kisko and she did not return home, whereafter the informant started searching for her at the place of bis relatives, but her whereabouts could not be known. On the following Saturday, the informant went to Kisko Hat and heard rumours that there was a dead body in a field to the South of Hat and one Hari Sao confirmed that corpse was of his daughter whereupon, around 2 P.M., he visited the spot and found the dead body of deceased Meena Devi with burns and blisters on different parts of the body and with marks of flow of blood through nose and right ear. Some Chowkidars arrived to keep watch on the dead body, but in the night brick-bats were thrown on them to scare them away. The appellants did not visit the spot. The informant suspected that the deceased had been murdered by the appellants for the reason of non-fulfilment of the dowry demand and because she had gone to her parental home without their consent. On 1.3.1987, around 9.30 a.m., fardbeyan (Exhibit 4) of the informant was recorded by the Officer-in-charge of Deori P.S. at village Kisko near Middle School. On this basis, the present case was instituted and a formal First Information Report (Exhibit 5) was drawn up. The Officer-in-charge, Deori P.S. assumed investigation of the case, held inquest over the dead body of the deceased (Exhibit 3 is the inquest report) and sent the dead body of Meena Devi to Sadar Hospital, Giridih, for postmortem examination and after completion of investigation charge sheet was laid in Court against the accused persons. The case was ultimately committed to the Court of Sessions.

(3.) The main defence is of innocence and false implication on mere suspicion.