MATHURA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the Appellants, the informant and the State. Since, both these appeals have been heard together and are being disposed off by this common judgment as both arise out of S. Tr. No. 93 of 1996/25 of 1996/13 of 1994 (Wazirganj P.S. Case No. 70 of 1993).

(2.) The prosecution case is that the victim Shanti Devi was married with Upendra Sao on 06.05.1990. The father of Shanti Devi have died prior to the marriage. Nand Kishore Prasad, P.W. 6 is the uncle of Shanti Devi. Late Dwarika Prasad, father of Shanti Devi was the elder brother of Nand Kishore Prasad. After the death of Dwarika Prasad, Nand Kishore Prasad claimed to be the karta. He solemnized the marriage of Shanti Devi. At the time of marriage there was demand of Rs. 20,000/-, V.C.R and motorcycle. Nand Kishore Prasad was unable to meet those demands so only the utensils, clothes and other articles worth Rs. 15,000-20,000/-. After the marriage, on the next day, Shanti went to sasural and on third day when Nand Kihshore Prasad went for vidai of the victim, Shanti Devi, then vidai was not done and after a month the victim came to naiher and disclosed that the father-in-law and mother-in-law used to vex her under a threat of murder for non-fulfilling the demand. A Panchayati held and in Panchayati, Mathura Sao took the victim. The memorandum of the said said Panchayati has been marked as Exhibit 3. Thereafter, the victim did not come to naiher. Ashok, the brother of the victim, used to go to the sasural of the victim. It is stated that the victim used to disclosed Ashok that until the articles are not given they will not sent the victim in vidai. Ashok went to sasural last time on 16.04.1993. The victim was not sent and when on 22nd April, 1993, Ashok went for vidai then he found the house of Mathura Sao closed. It was learnt that Shanti Devi has been done to death and dead body has been lying in the house. It is alleged that the dead body was disposed off by the accused persons and Ashok informed.

(3.) However, in this case first information report was lodged on the statement of Mukhlal Paswan, the Chowkidar, to the effect that he had come to Wazirganj market. There he learnt that at the bank of river Jokhari that the body of the daughter-in-law of Mathura Sao is being cremated, after her murder. Then he reached at the bank of Khokhari river and found a dead body burnt and it was learnt that Mathura Sao, Surendra Sao and the wife of Mathura Sao have committed the murder of Shanti Devi on 19.04.1993 and kept the dead body concealed. On the said statement of Mukhlal Paswan, first information report lodged and the investigation proceeded.