- (1.) THE present appeal has been filed by the sole appellant Shiv Shankar Sah against the judgment dated 01-09-1990 passed by the 4th Additional Sessions Judge, Dumka, in Sessions Case No. 173/1988, whereby the learned Additional Sessions Judge convicted the appellant for the offence under S.302/34 IPC for committing the murder of Renu Devi and thereby, sentenced him to undergo R.I. for life. The three other accused namely, Madan Lal Sah, Bina Devi and Bhuli Devi, who were tried together with the present appellant, however, have been acquitted from the charges under S.302/34 IPC by the trial court.
(2.) ONE Narayan Kumar Mukherjee (PW 3), who is a Pujari of a "Yagya Shala", situated in Basukinath gave a fardbeyan to O/C Jarmundi police station on 05-09-1986 stating therein that his "Yagya Shala", where he used to reside, was situated just opposite to the house of Balgovind Sah, the father of the appellant and he was closely acquainted with all the family members of the said Balgovind Sah. He alleged that Renu Devi, the daughter - in - law of Balgovind Sah, i.e., the wife of this appellant, was not pulling on well with her in - laws and she was being tortured and assaulted by her husband Shiv Shankar Sah (appellant) due to which since last six months she was staying with her parents. He further stated that the daughter - in - law of Balgovind Sah, i.e. Renu Devi was a very noble lady and only on the last Saturday she had reached to her in - laws place by her father. In that very night, the in - laws of Renu Devi quarrelled with her father. Though Renu Devi had requested her parents not to leave her at her in - laws place since she was frightened that her in - laws would kill her but her parents left her in her in laws place and returned in the next morning. These facts the informant came to know from the daughter of Balgovind Sah namely Guddi. It was further alleged that since thereafter, Renu Devi was being ill treated and tortured by her in - laws. The informant further alleged that at about 11 p.m. in the night of Thursday he heard the noise of quarrelling coming from the house of the accused persons but at that time Balgovind Sah was not there in his house since he had gone to Haridwar. In the late night at about 3.00 a.m., he heard the screaming alarm of Renu Devi as "Mat Maro - Mat Maro" and "Maa Pani Do - Pani Do Tel Dalkar Jala Diya". The informant further heard the voice of two more ladies, who were abusing Renu Devi and were asking her to keep quite. Suddenly, he saw smoke coming out from the main door of the house of the appellant and then he gave a call to the appellant Shiv Shankar Sah and asked him as to why smoke is coming out from his house and whether fire has broken out in his house? At this, this appellant said to have replied that nothing has happened. But in the meantime, on hearing hulla, neighbouring people assembled there and asked the appellant to open the door but the appellant did not open the door. Thereafter, a few persons even kicked the door by legs but the brother - in - law of the appellant namely Madan came at the top of the roof and told the neighbourers that it was their family matter and, therefore, they should not interfere. It is said that after some time, the appellant came out of his house and went somewhere. Later on the informant saw that the appellant brought a Maxi vehicle and got it parked in front of his door and hurriedly got Renu Devi boarded on the said vehicle in badly burnt condition and then went away. Subsequently, the informant came to know that Renu Devi died in the hospital. The informant further alleged in the fardbeyan that he was well acquainted with the family of Balgovind Sah. The appellant as well as the daughter of Balgovind Sah namely Bina Devi was not of good character and this fact was known to all the neighbouring people. He further alleged that the deceased Renu Devi was regularly being assaulted and tortured by the appellant and his family members and though the informant requested them not to ill treat her but they did not listen and ultimately Renu Devi was burnt to death by them. On the report of the informant Narayan Kumar Mukherjee, FIR was registered and then the police came into action and started investigation of the case. On 06-09-1986 the Officer - in - Charge of the police station sent a letter to the father of Renu Devi namely Motilal Sah through a constable informing him that his daughter Renu Devi has been burnt to death. On this information, the father of the deceased Renu Devi came to Dumka and met the Officer - in - Charge and, then, after the Post Mortem examination of the dead body, she was cremated. Subsequently, he went to Basukinath and met the informant, who narrated the entire story as to how his daughter was burnt to death by the accused persons.
(3.) THE father of the deceased Renu Devi gave in writing to the Investigating Officer stating therein that the accused persons were demanding dowry, which could not be fulfilled by him and he brought his daughter to the house of the appellant on 30th August 1986 but on that day, her mother - in - law started abusing Renu Devi in his presence. However, he left his daughter there and went back to his village. The said complaint, made in writing by the father of the deceased Renu Devi, was adduced in evidence as Ext. 1. It was proved by Motilal Sah himself (PW 1).;