BAIKUNTH NATH TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 11.10.2001 and 12.10.2001 respectively, passed by the learned Sessions Judge. Garhwa, in Sessions Trial No. 503 of 1996, convicting the appellants under Section 302/34, IPC and under Section 201/34, IPC and sentencing them to undergo R.I. for life for the offence under Section 302/34. IPC, However, no separate sentence was passed under Section 201/34, IPC.

(2.) THE prosecution case in short is that Mangal Kishore Pandey -informant -PW 3 lodged a Jardbeyan on 28.01.1996 that his daughter Usha Devi was married with appellant No. 1 -Baikunth Nath Tiwart in the year 1985. She could not bear child inspite of treatment. There was no dispute between her and her husband -Baikunth Nath Tiwari. About 1 and 1 /2 month back, he received a letter (Ext -7) from Usha Devi to the effect that her husband Baikunth Nath Tiwart and his family members used to taunt and threaten her for not bearing child. On receipt of such letter he went to the house of the appellants and pacified the matter between Usha Devi and her husband. Thereafter, about 17 -18 days back. Usha Devi came to his house but her husband Baikunth Nath Tiwart came and took her back and then he again reached her to her parent's house on the next day. Usha Devi was telling the informant that she had apprehension of her life and therefore she was not willing to go back but Baikunth Nath Tiwart took her with him on 24.01.1996 and after a couple of days on 28.01.1996 the informant received a letter that Usha Devi was killed by the accused persons by strangulation and they are trying to cremate her body. On this the informant along with Nawal Kishore Pandey (PW 5) went to cremation Ghat and found Usha Devi was completely consigned to flame. Only appellants Nos. 4 and 5 were sitting there, Appellant No. 1 -Baikunth Nath Tiwari on seeing the informant party, filed away. Cremation was not done properly. The informant suspected that the villagers did not join in cremation as she was killed by strangulation. It was alleged that the appellants have killed the daughter of the informant and to conceal the evidence, cremated her.

(3.) DW -1 is mukhia of the village. in whose presence, Usha Devi was cremated.