JUDGEMENT
LAKSHMAN URAON, J. -
(1.) :- Both these
criminal appeals arise out of the same Sessions Case No. 9 of 1995 arising out of
Sarwan P.S. Case No. 131 of 1994 (G.R. No.
736 of 1994). Hence, both these criminal
appeals are being disposed of by the single
order of this Court.
(2.) Appellant Suresh Verma in Cr. Appeal
No. 512 of 1997 is the husband of the deceased Purni Devi; whereas appellants
Puran Verma and Savitri Devi in Cr. Appeal
No. 437 of 1997 are the father-in-law and
mother-in-law of the said deceased. Appellants in both these appeals have preferred
appeals against the judgment and order of
conviction dated 9-9-1997 and sentence
dated 10-9-1997 passed in Sessions Case
No. 9 of 1995 by Shri Ghan Shyam Prasad
learned Sessions Judge, Deoghar whereby
and where under, appellants in both these
criminal appeals have been convicted under Sections 304-B/210,IPC and sentenced
to undergo imprisonment for life for the offence under Section 304-B and further to
undergo R.I. for three years each for the offence under Section 201, IPC; directing that
both the sentences against each of the convict-appellants shall run concurrently.
(3.) PW-4 Prakash Verma, brother of the
deceased Purni Devi, in his Fardbeyan recorded on 14-12-1994 at 2.00 p.m. on which
he signed (Ext. 1) by S. I. Kameshwar Singh
near the well of Charnru Ma'hto of village
Sumhha, P.S. Sarwan in which he has alleged that his sister Purni Devi was married
with Suresh Verma (appellant in Cr. Appeal
No. 512 of 1997) in the year 1993. In the
year 1994 Gauna took place and she went
to her in-laws house. On 14-12-1994 at 7.30
a.m. his brother-in-law Suresh Verma. (appellant) went to his village and informed that
Purni Devi is missing from village home
Sumbha. Informant and his brother-in-law
Suresh Verma (appellant) went in search of
Purni Devi. His father along with other villagers also went in search of Purni Devi in
different directions. Informant went to
village Sumbha where he found appellant Puran Verma of Cr. Appeal No. 437 of 1997.
When asked he informed that he had no
knowledge as to where Purni Devi had gone
out of the house for which his son Suresh
Verma had gone to inform the informant.
The informant from nearby villagers came
to know that his sister was done to death
and her dead body has been concealed
somewhere else. On suspicion, father of the
deceased and the informant, namely,
Muneshwar Verma (PW-3) along with PW-2
Nagdi Prasad Verma (another brother-in-law
of the informant) in presence of appellant
Suresh Verma. brother-in-law, and villagers with the help of Jhaggar traced the dead
body of Purni Devi in the well. When the
dead body was brought out of the well, appellant Suresh Verma fled away.;
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