RANJEET YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellants preferred the present appeal under Section 374(2) and 389 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment of conviction dated 30.10.2013 and order of sentence dated 02.11.2013 passed in Sessions Trial No. 614 of 2011/372 of 2013 (Arising out of Amarpur [Fullidumar] P.S. Case No. 124 of 2001) by Sri Jyotindra Kumar Sinha, 1st Additional Sessions Judge, Banka (hereinafter referred to as the 'Trial Judge'). By judgment dated 30.10.2013, the appellants were convicted for commission of offence under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.') and by order dated 02.11.2013, the appellants have been sentenced to undergo imprisonment for life under Section 302/34 I.P.C. with fine Rs. 10,000/- each and in default of payment of fine have been directed to undergo R.I. for one year. Further they have been sentenced to undergo imprisonment for five year under Section 328/34 of I.P.C. with fine of Rs. 5,000/- each and in default of payment of fine were directed to undergo R.I. for one year. All the sentences were directed to run concurrently.

(2.) The short facts of the case is that the informant namely, Ramjee Yadav, P.W.-7 on 21.07.2001 at 1:00 AM gave his fardbeyan which was recorded by S.I., S.S. Prasad (not examined) at Teliya More. According to fardbeyan, it is alleged that he had married his sister Sangita Devi in the year 1999 as per Hindu customs with the accused Ranjeet Yadav and after marriage his sister was in her marital place and the marriage was performed after giving sufficient gift and dowry. It is alleged that on 20.07.2001 at 7 P.M., in the evening, he was informed by Mithilesh Kumar P.W.-5 that his sister Sangita Devi was poisoned to death by her in-laws and on this information, he went to village-Telia More, the marital village of his sister along with Upendra Yadav P.W.-2 and on inquiry, he came to know that his sister Sangita Devi on 20.07.2001 at 3 P.M. was administered poison by the husband Ranjeet Yadav (appellant no. 1), father-in-law Ganesh Yadav (appellant no. 3), Dewar Ajit Kumar (appellant no. 2), mother-in-law Satya Bhama Devi (appellant no. 4) and Nandoshi Fantus Yadav due to which she died and they had kept the dead body in the house. His sister was aged about 22 years and she had no issue. It was alleged that his sister was being tortured by the accused persons because she was suffering from Polio in the right leg. The fardbeyan was read over to him and after finding it correct, he put his signature on the fardbeyan.

(3.) On the basis of fardbeyan Amarpur (Fullidumar) P.S. Case No. 124 of 2001 was registered on 21.07.2001 at 13.15 AM under Sections 302/328/34 I.P.C. against the appellants. During investigation, the appellants were arrested and since case was found true, charge-sheet was submitted on 29.05.2005 against the four accused persons/appellants. No evidence was found by the police against Fantus Yadav. On 28.09.2005, the learned Chief Judicial Magistrate, Banka took cognizance of the offence and after compliance of the provision under Section 207 of the Cr.P.C., on 07.06.2011 the case was committed to the court of Sessions and it was numbered as Sessions Trial No. 614 of 2011/372 of 2013. On 18.01.2012 charges under Section 328/34, 302/34 I.P.C. was framed against the appellants.