PUNIYA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Additional Public Prosecutor, appearing on behalf of the State.

(2.) This appeal has been filed against the judgment of conviction dated 25.02.2013 and the order of sentence dated 26.02.2013 passed by Sri Jai Ganesh Singh, Adhoc Additional Sessions Judge-IV, Jamui in Sessions Trial No. 119 of 2011 arising out of Chakai P.S. Case No. 123 of 2010, whereby and whereunder the above named appellants have been convicted for the offence under sections 302/34 and 201/34 of the Indian Penal Code and sentenced to undergo life imprisonment along with fine of Rs. 10,000/- for the offence under section 302/34 of the Indian Penal Code and three years imprisonment along with fine of Rs. 5000/- for the offence under section 201/34 of the Indian Penal Code. Further, in default of payment of fine, they will undergo Simple Imprisonment for Six months for Rs. 10,000/- and three months for Rs. 5000/- in addition to their sentence of conviction. Both the sentences shall run concurrently. The order further stated that first five years of the conviction of Umesh Yadav shall be rigorous imprisonment and rest will be simple imprisonment while Puniya Devi have to undergo 2 years of rigorous and rest simple imprisonment.

(3.) The facts of the case, in brief, is that one Jodho Yadav gave his fardbeyan before the Sub-Inspector of Chakai P.S. on 30.09.2010 alleging therein that his son-in- law Umesh Yadav, Bholi Yadav, Amrit Mahto, Puniya Devi, Anpi Devi and Tilak Yadav assaulted the daughter of the informant Uma Devi and killed her by strangulating and threw her in a well. The said Jodho Yadav further stated that his daughter used to complain her mother, brothers and others that she was being tortured on account of non- fulfillment of the demand of Rs. 50,000/- and her in-laws used to threaten her that if the said demand is not fulfilled, she will be killed and Umesh Yadav would be remarried. The informant said that he used to take away his daughter on such threat but her in-laws again approached and pleaded sorry for their acts and took away his daughter and again started torturing her for dowry. The informant stated that he apprehends that all the named accused persons have connived together to kill his daughter for non-fulfillment of demand of Rs. 50,000/- and threw her body in the well.