P.K.MOHANTY,J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 11.05.2005 passed by the learned Sessions Judge, Sahibganj, in Sessions Case No. 144 of 2004, arising out of Borio P.S. (Mirza Chouki) Case no. 132 of 2003, corresponding to G.R. Case No. 366 of 2003, whereby and where-under the appellant was convicted under section 302 of the Indian Penal Code and sentenced to undergo R.I. for life. He was further convicted under section 498A of the Indian Penal Code and sentenced to undergo R.I. for three years.
(2.) The case of the prosecution, on the basis of the fardbeyan of Prem Thakur is that his sister Balika Devi (deceased) was married with Dinesh Thakur about 15 years ago. Out of the said wedlock one boy Birendra Thakur and one girl Shanti Kumari were born. After about 5-6 years of marriage, Dinesh Thakur died. Even after the death of Dinesh Thakur, Balika Devi stayed at her Sasural. During her stay at Sasural, the deceased became pregnant on which Heera Lal Thakur told that she has become pregnant from his younger son namely Bagula @ Ramesh Thakur (appellant). Heera Lal Thakur assured that the marriage between the deceased and appellant will be solemnized later on. Thereafter, the deceased and appellant started living as husband and wife. Out of the said relationship one daughter namely Baby Kumari was born. The father of the informant and after his death the informant himself made repeated requests to Bagula Thakur and his parents for marriage but they started delaying the matter. The mother-in-law of the deceased used to say that the appellant will not marry with the deceased as she has become old. Recently about four months before, Balram Thakur and Ganesh Thakur had come to talk for the marriage of the deceased and the appellant, but Bagula Thakur demanded Rs. 3,000/-, watch, cycle and further told that he will inform them after consulting with other family members. On 17.11.2003 Doman Thakur came to the house of the informant and told that the deceased was suffering from fever. The informant along with his family member went to see the deceased, but they found her dead lying on a cot. There were mark of injuries on the head, eye and neck of the deceased.
(3.) On the basis of the aforesaid fardbeyan, Borio (Mirza Chouki) P.S. Case no. 132 of 2003 was registered under sections 304(B)/34 of the Indian Penal Code. After investigation the police submitted charge sheet against the appellant and three other accused persons under sections 304(B)/34 of the Indian Penal Code. Thereafter, cognizance of the offence was taken and the case was committed to the Court of Sessions for trial, which was registered as Sessions Case No. 144 of 2004.;