PURAN VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) :- Both these criminal appeals arise out of the same Sessions Case No. 9 of 1995 arising out of Sarwan P.S. Case No. 131 of 1994 (G.R. No. 736 of 1994). Hence, both these criminal appeals are being disposed of by the single order of this Court.

(2.) Appellant Suresh Verma in Cr. Appeal No. 512 of 1997 is the husband of the deceased Purni Devi; whereas appellants Puran Verma and Savitri Devi in Cr. Appeal No. 437 of 1997 are the father-in-law and mother-in-law of the said deceased. Appellants in both these appeals have preferred appeals against the judgment and order of conviction dated 9-9-1997 and sentence dated 10-9-1997 passed in Sessions Case No. 9 of 1995 by Shri Ghan Shyam Prasad learned Sessions Judge, Deoghar whereby and where under, appellants in both these criminal appeals have been convicted under Sections 304-B/210,IPC and sentenced to undergo imprisonment for life for the offence under Section 304-B and further to undergo R.I. for three years each for the offence under Section 201, IPC; directing that both the sentences against each of the convict-appellants shall run concurrently.

(3.) PW-4 Prakash Verma, brother of the deceased Purni Devi, in his Fardbeyan recorded on 14-12-1994 at 2.00 p.m. on which he signed (Ext. 1) by S. I. Kameshwar Singh near the well of Charnru Ma'hto of village Sumhha, P.S. Sarwan in which he has alleged that his sister Purni Devi was married with Suresh Verma (appellant in Cr. Appeal No. 512 of 1997) in the year 1993. In the year 1994 Gauna took place and she went to her in-laws house. On 14-12-1994 at 7.30 a.m. his brother-in-law Suresh Verma. (appellant) went to his village and informed that Purni Devi is missing from village home Sumbha. Informant and his brother-in-law Suresh Verma (appellant) went in search of Purni Devi. His father along with other villagers also went in search of Purni Devi in different directions. Informant went to village Sumbha where he found appellant Puran Verma of Cr. Appeal No. 437 of 1997. When asked he informed that he had no knowledge as to where Purni Devi had gone out of the house for which his son Suresh Verma had gone to inform the informant. The informant from nearby villagers came to know that his sister was done to death and her dead body has been concealed somewhere else. On suspicion, father of the deceased and the informant, namely, Muneshwar Verma (PW-3) along with PW-2 Nagdi Prasad Verma (another brother-in-law of the informant) in presence of appellant Suresh Verma. brother-in-law, and villagers with the help of Jhaggar traced the dead body of Purni Devi in the well. When the dead body was brought out of the well, appellant Suresh Verma fled away.