SUDARSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred the present appeal under Section 374(2) of the Code Of Criminal Procedure, 1973 [hereinafter referred to as the "Cr.P.C."] against judgment of his conviction and sentence. The appellant vide judgment dated- 22.05.2013 was convicted for the offence under Section 304B and 201 of the Indian Penal Code, 1860 [hereinafter referred to as the "I.P.C."] and by order dated: 28.05.2013 he has been sentenced to undergo imprisonment for life under Section 304B of the I.P.C. and under Section 201 of the I.P.C. he has been directed to undergo rigorous imprisonment for two years. Both the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by Sri Harindra Nath, learned Adhoc Additional District and Sessions Judge, Kaimur, Bhabhua [hereinafter referred to as the "trial judge"] in S.Tr. No. 344 /135 of 2010/2012 {arising out of Bhabua (Sonhan) P.S. Case No. 147 of 2010}.

(2.) The case was initiated on the basis of fardbyan of Babu Lal Singh - P.W. 11 [brother of the deceased]. Fardbyan was recorded on 09.04.2010 at 10.30 A.M. by Sub Inspector of Police Nawal Kishor Singh (P.W. 12) at village- Shemiriya within Police Station: Sonhan, District: Bhabhua. In fardbyan the informant (P.W. 11) disclosed that his younger sister, namely -Umarawati Devi, aged about 22 years, D/o late Biltan Singh, resident of village- Pora, P.S.- Chenari, district - Rohtas was married with Sudarshan Singh @ Kachahari Singh (appellant) in the year 2006. In marriage gifts were provided as per capability of the informant. Subsequently, in the year 2009 gauna had taken place and thereafter, his sister went to her in-law's house and started living there. One week after gauna when informant went there and met his sister, his sister told that her husband Sudarshan Singh @ Kachahari Singh (appellant), his father -in-law: Komal Singh, elder brother of her husband- Sugreev Singh and his wife - Munni Devi, all residents of- Shemariya were administering torture and threatening her for bringing motorcycle from her parental house. She was threatened that if motorcycle and golden chain are not provided, she would be killed. The informant further stated that whenever he had gone to the village of her sister and met her, she repeated regarding the aforesaid demand and torture. On the date of recording of fardbyan at 6.30 A.M. (in morning) a call was received on mobile of his wife- Kaushalya Devi (not examined) whereby it was informed that sister of informant was done to death and accused persons were trying to disappear the dead body. The informant with Ram Gati Singh (P.W. 7), Ram Badan Singh (P.W. 9) and Lal Mohar Singh (P.W. 8) all residents of village- Pora, P.S. - Chenari, district- Rohtas went to Shemariya and saw that besides Northern side of the village on road on Eastern side the accused persons were burning dead body of his sister- Umrawati Devi which was kept on pyre. The informant when asked accused persons not to burn the dead body, accused persons started abusing and with a view to assault him they chased and finally informant with aforesaid witnesses arrived in Sonhan Police Station. He disclosed that information was given to Police Station at 8.30 A.M. from where Police along with armed forces reached the village - Shemariya. Till then the accused persons after burning the dead body into ashes had already fled away. The informant claimed that accused persons due to non -fulfillment of demand of dowry, after administering torture, by way of pressing neck of his sister, had killed her and they had surreptitiously disappeared the evidence. The said fardbyan was read by him and after finding it correct the informant (P.W. 11) put his signature at the bottom of the fardbyan. As a witness to fardbyan one Ram Badan Singh ( P.W. 9) also put his signature. On the basis of the aforesaid fardbyan on 09.04.2010 at 13.30 Hours (1.30 P.M.) a formal F.I.R. vide Bhabhua (Sonhan) P.S. Case No. 147 of 2010 was registered for the offence under Section 304(B)/201/34 of the I.P.C. against:-

(3.) After the case was instituted the Investigating Officer investigated the case, inspected the premises in which deceased was residing i.e. house of appellant. Then Police visited the 2nd place of occurrence where deceased was cremated. The witnesses were examined and finally Police finding the case true on 31.07.2010 submitted charge sheet against only appellant- Sudarshan Singh @ Kachahari Singh keeping investigation pending against F.I.R. named accused / Komal Singh, whereas two F.I.R. named accused persons, namely: Sugreev Singh and Munni Devi were found to be innocent and they were not forwarded as accused in the charge sheet. After submission of charge sheet, on 03.08.2010 learned Chief Judicial Magistrate, Kaimur at Bhabhua took cognizance of offence. Thereafter, on 24.08.2010 the case was committed to the Court of Sessions. After commitment, on 16.09.2010 charge under Section 304(B) / 201/34 of the I.P.C. was framed against the sole appellant.