RAM ISWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Amicus Curiae Mrs. Alka Advocate for the appellant as well as learned Additional Public Prosecutor Mr. Dilip Kumar Sinha appearing for the State and perused the record along with lower court records.

(2.) The abovestated appellants are aggrieved by the impugned judgment of conviction and sentence order dated 30.05.1995 and 31.05.1995 respectively, passed by learned 3rd Additional District and Sessions Judge, Vaishali at Hajipur (hereinafter referred to as trial court) in Sessions Trial No. 281 of 1990 by which and whereunder he having found guilty, convicted the appellants for the offences punishable under Sections 302/34 and 201/34 of the Indian Penal Code and, accordingly, sentenced them to undergo rigorous imprisonment for life under Section 302/34 and to undergo rigorous imprisonment for four years under Section 201/34 of the Indian Penal Code. However, both the abovestated sentences were ordered to run concurrently.

(3.) Briefly stated prosecution case is that P.W. 11 namely, Sakhiya Devi gave her fard-e-beyan to P.W. 8 Ram Sagar Singh, the then Officer Incharge of Jandaha P.S., on 06.10.1989 at 9.00 am at the house of deceased, situated in village Chandsarai, to this effect that on the same day at about 7.00 am while she was at her home at village Araniya, she came to know that her daughter was killed by her son-in-law Ram Iswar Singh and parents-in-law namely, Bigan Singh as well as wife of Bigan Singh and having killed her daughter they threw her dead-body in a well, situated in front of their house. Having got the aforesaid information, she along with her mother-in-law and others went to village Chandsarai and found the dead-body of her daughter lying in the well and, thereafter, with the help of villagers, the dead-body of her daughter was taken out from the well and was kept in front of house of her in-laws. She further claimed that the marriage of her daughter had taken place two and half years ago with consent of bride and groom, but after some days of the marriage the relation between her daughter and her son-in-law became strained, as her daughter was not liked by her son-in-law, and the parents-in-law of her daughter used to demand dowry for which, several times panchayati were held and, she further, claimed that 06.10.1989 was fixed for Bidai of her daughter, but in previous night, her daughter was assaulted by her husband as well as her in-laws and the cry of her daughter was heard by neighbours of her daughter. She claimed that her son-in-law as well as parents-in-law of her daughter having committed the murder of her daughter, left their home. On the basis of aforesaid fard-e-beyan of informant (PW 11), Jandaha P.S. Case No. 98 of 1989 under Section 302/34 of the Indian Penal Code and section 3/4 of Dowry Prohibition Act was registered and, on the same date, formal F.I.R was drawn up against the appellants. The formal F.I.R was put up before the court on 17.10.1989.