GOBIND RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By Court: Heard learned counsel for the appellants Mr. A. S. Dayal assisted by learned counsel Mr. P.S. Dayal and learned Additional Public Prosecutor, Mr. Shiv Kumar Sharma representing the State.

(2.) The present 3 surviving appellants out of 5 original appellants are assailing their conviction for the charge under Section 304B of the I.P.C and the sentence to undergo R.I. for life awarded by learned Additional Sessions Judge, Chatra vide judgment of conviction dated 27.09.1996 and order of sentence dated 30.09.1996 passed in S.T. Case No. 633 of 1992/ 271 of 1993.

(3.) Balo Rana (P.W.4), father of the deceased victim Sahodri Kumari is the informant whose written report has led to institution of the formal F.I.R being Chatra P.S. Case No. 24 of 1993 dated 10.04.1993 against 5 accused persons namely Chandar Rana, Gobind Rana, Balkeshwar Rana, Jhandu Rana and Beliya Devi. Informant has inter alia alleged that his daughter victim Sahodri Kumari was married in 1991 with Gobind Rana son of Chandar Rana, village Raksi, P.S. Tandwa. She used to complain about illicit relationship between her husband Gobind Rana and the wife of Dineshwar Rana, elder brother of her husband, whenever she returned to her paternal house. She used to say that for this reason she was regularly ill-treated. On account of this reason during Karma festival prior to Holi, informant had brought his daughter to his place. Informant further asserted that when he had gone to bring her daughter, on seeing them, she started crying and narrated that her husband and mother-in-law used to regularly torture her and pressurize her to bring dowry in the form of cycle and watch from her father. Informant further alleged that his son-in-law on several occasions asked for cycle and watch, though during marriage he had given Rs.15,000/- and a Radio beyond his capacity and still he stated that no sooner the money is arranged, he would give those articles. Informant alleged that seeing the condition of his daughter, he had brought her to her paternal house where she told her mother, brother Kauleshwar Rana, Prem Rana and uncle Sahdeo Rana that her husband was having illicit relationship with the wife of his elder brother and for that reason he always used to beat her so that she does not object to such relationship. Apart from that, he used to ask for dowry in the form of cycle and a watch and ill-treated her. During Holi, his sonin-law along with his brother-in-law came to their house and assured that they will keep his daughter in proper way and previous incidences would not be repeated. It was also stated that relationship with his sister-in-law would not be continued. On such assurance, informant allowed his daughter Sohadri Kumari to go with his son-in-law to her matrimonial house after Holi. At that time also his son-in-law had asked for a cycle and a watch to which informant assured that he would give it later on. Informant further alleged that on 09.04.1993 one Hari Sao, son of Ganesh Sao of the same village Rakshi had come to his village and informed him that his daughter is missing since yesterday evening. After much request he told that she had gone to wash clothes and there was some spot still left, due to which, her husband badly scolded her, where after, she went out of the house and could not be traced. Informant asserted that on 10.04.1993, he along with his cousin brother Sahdeo Rana went to village Raksi where on the way they came to know that dead body of their daughter has been found in the well. On the basis of these allegations, informant alleged that Chandar Rana, son of Yugal Rana; Jhandu Rana; Balkeshwar Rana; Gobind Rana son of Chandar Rana and Beliya Devi, wife of Chandar Rana of village Raksi, P.S. Tandwa have killed his daughter Sahodri Devi for demand of dowry and on account of illicit relationship of his son-in-law Gobind Rana with the wife of his elder brother and thrown her body in the well.