SUNIRAM KISKU Vs. STATE OF BIHAR

JUDGEMENT

(1.) D.P.S. Choudhary, J. This appeal has been preferred against the judgment and order dated 28th of September, 1993 passed by the 6th Additional Sessions Judge, Dumka (Santhal Pargana) in Sessions Case No. 503 of 1990 convicting the accused -appellant under Sections 304 -B, 306 and 498 -A of the Indian Penal Code and sentenced him to undergo R.I. for 10 years under Sections 304 -B and 306 of the Indian Penal Code and further sentenced to three years R.I. under Section 498 -A of the Indian Penal Code. All the sentences have been ordered to run concurrently.

(2.) The case of the prosecution in short is that the informant Somai Besra, father of deceased (P.W. 1) in his fardbeyan (Ext. 1) alleged that his Sala Mohan Kisku (P.W. 9) informed him on 31.1.1990 at 4.00 p.m. that his daughter Guni Besra has been murdered in her sasural by the accused. On receipt of the information the informant along with his son Haradhan Besra (P.W. 2), Misi Besra (P.W. 4) and Dhaniram, a. co -villager (P.W. 5) went to the village Jarwadih at the house of the accused (son -in -law) and found his deceased daughter lying on a cot. His daughter was married only a year back with the accused. He found blood spots on the neck of the deceased His son -in -law (accused) informed that the deceased committed suicide after hanging herself with the help of rope in the morning on 31.1.1990.

(3.) It is further case of the prosecution that at the time of marriage, as per custom prevalent among the santhals of the area, his son gave one bullock to him but later on he began to demand for the return of the said bullock through his wife. About 14 days earlier the deceased went to the house of the informant and told him about the demand of bullock and she further stated that if it is not returned back his husband would kill her. There was a panchayati in which the Pradhans of both sides sat together at the residence of the informant on 28.1.1990 in which the accused agreed that henceforth, he will not demand return of the bullock from his Sala. He will keep his wife (deceased) peacefully. On the assurance of the accused, on 29.1.1990 the deceased girl returned to her sasural along with the accused but just after two days the informant received information of the murder of -his daughter. On the basis of the fardbeyan of the informant, the formal F.I.R. (Ext. 3) was drawn up. The dead body was sent for the post -mortem examination and after completing the investigation the charge -sheet was submitted. After commitment, the trial proceeded in the Court below.