SANATAN KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by the appellants against the judgment and order dated 4.1.1996 passed by Sri A.P. Ram, AddI. Sessions Judge, Seraikella in Sessions Trial No. 191 of 1993 whereby all the appellants named above were found guilty for the offence punishable under Section 498A, IPC and they were convicted and sentenced to undergo R.I. for two years and to pay a fine of Rs. 600.00 each and in case of default to undergo R.I. for two months each. However, the appellants were not found guilty for the offence punishable under Section 302/34, IPC and they were, accordingly, acquitted in respect thereof.

(2.) The prosecution case has arisen on the basis of fardbeyan of PW 9, Bharat Kumhar, the father of deceased Bijula Kumharin recorded by S.I. Ram Sunder Ram on 30.10.1992 at 16.30 hours in the P.O. village Kukru, P.S. Ichagarh, District Singhbhum West (now Seraikella). file ://D :\Prograrn Files\Crirnes\database\aa\aa\2003 1 Crimes 137 .htm 8/4/2006

(3.) The prosecution case, in brief is that Bijula Kumharin, the daughter of informant, was married with appellant Sashidhar Kumhar and their marriage was solemnized about two years ago. Appellants Sanatan Kumhar and Karmi Kumharin are the father and mother respectively of appellant Sashidhar Kumhar. It is alleged that a theft of gold ornaments had taken place in the house of the appellants and deceased aforesaid was accused of committing theft in respect thereof and after committing theft of the gold ornaments she has passed it to her father and due to this the appellants used to assault the deceased and they used to tell that she would not be allowed to live in her matrimonial home. It is also alleged that appellant Sanatan Kumhar had twice brought the deceased to the house of the informant after assaulting her. The prosecution case further is that on the eve of Durga Puja the informant had brought the deceased to his house from her matrimonial home and after Durga Puja appellant Sanatan Kumhar had taken her back to his house. The informant had come to the house of the appellants to see the deceased on 28.10.1992 at 12.00 Oclock where he met the deceased and she told the informant not to come here as appellants Sanatan Kumhar and Sashidhar Kumhar used to tell her that whenever the informant comes there is enough expenditure and at this the informant had returned to his house. Lastly, it has been alleged that on 30.10.1992 one Jotla Kumhar came to the house of the informant and told him that his daughter Bijula Kumharin had taken poison and her condition is deteriorating and on this information the informant alongwith others went to the house of the appellants and found Bijula Kumharin dead.