LAKSHMAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the appeal arises out of the common judgment of conviction dtd. 28/1/1998 and order of sentence dtd. 2/2/1998, as such, they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order. Prayer:

(2.) Both the criminal appeals have been preferred under Sec. 374(2) of the Code of Criminal Procedure against the judgment of conviction dtd. 28/1/1998 and order of sentence dtd. 2/2/1998, passed by the learned 4th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 289 of 1996, whereby and whereunder, the learned court below has convicted the appellants under Sec. 304B of the Indian Penal Code and sentenced the appellant of Criminal Appeal (DB) No.22 of 1998(R) namely Dinesh Prasad to undergo RI for life and the appellants of Criminal Appeal (DB) No.23 of 1998(R) namely Lakshman Prasad and Smt. Janki Devi were sentenced to undergo RI for seven years each.

(3.) The prosecution case, in brief, as per the written report dtd. 28/9/1995, of the informant Jeewachh Sahu (P.W.-1) is that daughter of the informant, Renu Sahu was married with the appellant Dinesh Prasad in the month of July, 1991. His daughter was tortured by her husband Dinesh Sahu and her in-laws and hence, a case being Sadar PS Case No.47 of 1993 was lodged by her daughter. Informant further stated that three months ago the said case was compromised on the saying of Dinesh and his family members. On 28/9/1995, at about 04:00 PM, the informant got information from his son-in-law (appellant Dinesh Prasad herein) that his daughter had bolted the door of the room from inside and is not giving any reply. Then, informant reached with his wife, at the matrimonial home of his daughter and found that the door of the room was locked from inside. Then informant pushed the door and when dooropenedthey found his daughter Renu was hanging dead with sari around her neck.