SUMAN SHEKHAR RAJHANS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant before this Court has remained in custody for 4 years and 11 months is the husband of the deceased lady Bandana Kumari, has challenged the judgment dated 23rd July, 2003 passed in Sessions Trial No. 263 of 2001/320 of 2002 by which he has been convicted to undergo rigorous imprisonment for ten years under Section 304B of the Indian Penal Code, and to pay fine of Rs. 2,000/ - and in default of payment of fine to undergo rigorous imprisonment for two years. He is further convicted to undergo rigorous imprisonment for two years each for the offences under Sections 498A and 201 of the Indian Penal Code. The appellant has remained in jail since 07.02.2001 to 02.01.2006 i.e. four years eleven months.

(2.) THE informant Gopesh Jha (PW 9) lodged the First Information Report on 12.11.2000. The prosecution case is that the appellant got married to Bandana Kumari on 21.01.1996. At the time of marriage, he was gifted a Rajdoot motorcycle and two drafts were also issued of Rs. 75,000/ - each in the names of the appellant and Pratibha Kumari, It is alleged that after the marriage, both of them were living peacefully till all of a sudden the appellant stopped visiting his wife who was living with her father. At that stage, the informant came to know from the parents of the appellant that the appellant was demanding a maruti car. On 27.03.2000, it is alleged that the appellant visited the house of the informant and took the deceased to his village home. In May, 2000, the deceased was taken to Sitamarhi and thereafter she returned back to her father's home on 17th August, 2000 on the ground that the appellant has been transferred in the district of Siwan and the appellant had stated that he needs to make arrangement to keep his wife with him and, therefore, he dropped his wife to her parental house. It is said, that Bandana Kumari is said to have disclosed to her parents that she was being tortured by her husband. After a few days, the appellant is said to have visited his wife and asked her to forgive him and requested her to accompany him to his place of posting. In September, 2000, it is said that he called the informant and asked him to send Bandana to Siwan. On 15.09.2000, Kamlesh who is said to be the younger son of the informant took Bandana to Darauli Police Station where the appellant was posted. The informant further alleges that some villagers of village Dharamrai disclosed that the appellant had gone to his village home and he is said to have told the villagers that he had killed his wife and managed all the affairs. The date of receiving this information is 06.10.2000. The informant also came to know from the villagers that his daughter had died on 04.11.2000.

(3.) IN this background, this Court has to examine whether the prosecution has been able to prove the allegations made out by the informant.