KRISHNA SAH @ KRISHNA GOND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Krishna Sah @ Krishna Gond and Ram Sakhi Devi (Cr. Appeal (S.J.) No.1635 of 2018) and Prabhu Nath Sah (Cr. Appeal (S.J.) No.2245 of 2018) have been found guilty for an offence punishable under Section 304B/ 34 of the I.P.C. and each one has been sentenced to undergo R.I. for eight years as well as fined Rs.20,000/-, under Section 201/ 34 of the I.P.C. and each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for six months, additionally, with a further direction to run the sentences concurrently by the Additional Sessions Judge-VIII, Gopalganj in Sessions Trial No.04 of 2018 arising out of Thawe P. S. Case No.38 of 2017 vide judgment of conviction and order of sentence dated 24.04.2018, and in the aforesaid background, all the appeals have been heard conjointly and are being decided by a common judgment.

(2.) Kamal Kunwar (PW-2) filed written report on 22.03.2017 divulging the fact that her daughter Nikky Kumari (since deceased) was married with Prabhu Nath Sah about three years ago and was residing at her sasural, were subjected to torture for fulfilment of demand of dowry and in the aforesaid background, she has been murdered on 21.03.2017. After coming to know about the same, they rushed to the place and then, they came to know that after committing murder of Nikky Kumari, her dead body has been burnt. They have gone to funeral place and found the incriminating materials.

(3.) After registration of Thawe P. S. Case No.38 of 2017, investigation commenced and after concluding the same, charge-sheet was submitted, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.