NAND KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 23.8.1999 and order of sentence dated 25.8.1999 passed in Sessions Trial No. 360 of 1995 whereby and whereunder the learned 1st Additional Sessions Judge, Hazaribagh held the appellant guilty under Section 304(B) of the Indian Penal Code and convicted and sentenced him to undergo R.I. for ten years.

(2.) PROSECUTION case in brief is that Meena Devi, daughter of the informant, was married with Nand Kishore Yadav, son of Rupial Gope of village Lodhma on 17.5.1994 and after marriage, his daughter always visited Naihar and on the occasion of Holi festival she had come to naihar and said that her father -in -law, husband and nanad are demanding scooter and have asked her to come with scooter and if she comes without scooter, something untoward will happen with her. Meanwhile, husband of Meena Devi came for Vidagari and informant who is father of the deceased Meena Devi, persuaded him and made vidagari of his daughter on 20.3.1995. On 21.3.1995 Rupial Gope and Gunjlal Gope of village Lodhma came to the residence of the informant at about 7.00 PM and informed him that his daughter had committed suicide by hanging herself. They also requested him to come to the place and settle the matter, but don't inform the police. On this piece of information, the informant along with Mathura Yadav, Bodhan Yadav, and Bhola Yadav of his village went to Lodhma village and reached there at 12.00 at night and saw that his daughter is lying dead on a broken khat and there were scratches on her neck. He inquired from samdhi and son -in -law and persons of the village about the death of his daughter, then they disclosed that soon after she arrived from her naihar she committed suicide by hanging herself. He further inquired that when she died in the night, then why dead body has been kept concealed, on this they did not give satisfactory reply and they threatened him not to inform the police. Thereafter he inquired from nearby people about the death of his daughter, then he came to know that after arrival of his daughter from her naihar, all the accused persons abused her and by pressing her neck, they committed her murder and that is why, they have kept concealed dead body in the house. On this written complaint before officer -in -charge, Ramgarh PS, Hazaribagh, a case bearing Ramgarh P.S. Case No. 60 of 1995 under Sections 304 (B)/201/34 of the Indian Penal Code was registered and police after investigation submitted charge sheet. Cognizance in the case was taken and the case was committed to the court of Sessions and the learned 1st Additional Sessions Judge, Hazaribagh after recording the evidence of witnesses -both oral and documentary -held the appellant guilty and convicted and sentenced him as aforesaid.

(3.) ON behalf of defence, two witnesses have been examined.