KALICHARAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals arise from Sessions Trial No. 128/93 47/96 on the file of 1st. Addl. Sessions Judge, Nalanda at Biharsharif in which seven persons were placed on trial having been charged under Secs. 304 -B, 498 and 201 IPC for unnatural death of Subida Devi wife of Pradeep Paswan, the appellant in Cr. App. No. 217/97.

(2.) THE trial Court acquitted the three accused persons, namely, Shanti Devi, Indra Devi and Ranjit Paswan and convicted Pradip Paswan, his brothers Kalicharan Paswan and Chandradip Paswan and his father Kapil Paswan. Criminal Appeal No. 201/97, was filed by Kali Charan Paswan, Chandradip Paswan and Kapil Paswan. The appellants in both the appeals were found guilty under Sections 304 -B, 498 and 201 IPC and sentenced 10 years under Sec. 304 -B, and three years under Secs. 498 -B and 201 IPC.

(3.) THE case of the prosecution in brief was that Subida Devi daughter of Chotan Paswan (P.W. 4), the informant, was married with accused Pradeep Paswan son of appellant Kapil Paswan four years prior to the alleged occurrence. The Rukshadi was performed after two years of marriage and at that time of marriage the ornaments of silver was presented by the informant to his daughter deceased Subida Devi. Accused Pradeep Paswan son -in -law of the informant began to demand cycle and golden earring at the time of Rukshadi and told that in case these articles are not given the result will be worse. He will remarry another lady. The informant and his Gotia told him the informant is a poor person and he could not give these articles and as per his names daughter was given dowry at the time of marriage. After Rukshadi the mother -in -law, the father in -law, Bhainsur, Devar and Nanad unused to assault her and drove her from the house and informant was given threatening that if those articles were not brought she will be killed, and accused Pradeep Paswan will be remarried with another woman. In the month of March accused persons assaulted and drove put the deceased who came to her father and stayed there for some days. Informant sent the deceased to her Sasural 10 days prior to the occurrence. The informant had also gone to her Sasural and requested accused persons to keep the deceased honourably as she was the honour of the family but they became angry. Thereafter the informant leaving the deceased at her Sasural returned on 27.2.1992. The informant has gone to Barbigha Bazar alongwith one Bhagwan Das where he met Govind Paswan of village Dharampur and enquired him about his daughter. He disclosed the accused persons had murdered Subida Devi on the night of Wednesday and disposed of her dead body, and absconded. On hearing this shocking news the informant went to the Sasural of the deceased alongwith Bhagwan Das, but none of the accused were found present and after enquiry from a neighbour one Nandi Paswan he learnt that the accused person after committing the murder disposed of the dead body. He searched at nearby places but he failed to get any trace of his daughter. Thereafter he filed a complaint petition being complaint case No. 71(c) of 1992 before the learned Chief Judicial Magistrate. Nalanda at Biharsharif, who referred the complaint to the police for instituting a case.