JAGDISH RAIS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the Criminal Appeal No. 133 of 1999 and Criminal Appeal No. 183 of 1999 arising out of a common judgment and have been heard together and are being disposed of by this common judgment.

(2.) The appellant of Criminal Appeal No. 133 of 1999; Awadhesh Kumar Yadav has been convicted under Section 304-B of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years and other two appellants of Criminal Appeal No. 183 of 1999; Jagdish Rai and Mithlesh Rai, have been convicted under Sections 304-B/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for seven years each. They have been further convicted under Section 201/34 of the Indian Penal Code/but no separate sentence has been passed in the aforesaid section. No separate sentence was awarded under Section 201/34 of the Indian Penal Code (hereinafter to be referred to as 'the Act").

(3.) The case of the prosecution as per the fardbeyan Ext. 4 of Deep Narain Yadav is that the informant Deep Narain Yadav and his son Sukhdeo Rai gave their statements on 10.5.1995 at 7.30 before the Officer- in-charge Jaithpur police station near the burning ghat (Samsan Ghat). He had stated that his daughter Geeta Devi was married in the year 1993 to appellant Awadhesh Kumar Yadav of village Govindpur. It has been further stated that at the time of marriage, the appellant Awadhesh Kumar, his son-in-law demanded motor cycle in dowry. It has been further alleged that when the daughter of the informant returned to her father house from her in laws house, she told the informant that her husband used to assault her and threatened her for getting motor cycle and he also threatened her that if the motor cycle will not be given, she will be killed. She also stated that besides her husband other family members of her in-laws house also harassed and assaulted her. The further case of the prosecution is that after second marriage in the month of January, 1995 Geeta Devi (deceased) had gone to her in-laws house, but she was not living happily and their in-laws were always asking for fulfilment of the demand of motor cycle and if, it will not be given, she would be killed. It has been stated that on 10.5.1999 at 7 a.m. while the informant was going to school in the way, when he reached near Ginja temple, one Hari Shankar Rai of Ginja village told him that his daughter Geeta Devi was killed and on this information, the informant went back to his village and he along with his son and one other pro- ceeded to Govindpur, Nayatola, which was Sasural of his daughter. As soon as the informant reached at the place, where she was kept for burning and seeing them they lit pyre immediately. The informant immediately informed the police and the police came and the dead-body almost burnt was taken away by the police and some remains were sent for postmortem examination. The police after completion of investigation submitted charge-sheet against the appellant and thereafter cognizance was taken and the case was committed to the Court of Sessions and sub-sequendy the trial concluded with the result indicated above.