- (1.) Heard learned Amicus Curiae Mr. Anshu Dubey in Cr. Appeal (DB) No. 708/2014, learned counsel Mr. Kaushik Sarkhel representing the appellants in Cr. Appeal (DB) No. 1013/2012 and learned Additional Public Prosecutor Mr. Arun Kumar Pandey on behalf of the State.
(2.) Both these appeals are directed against the judgment dated 10.09.2012 passed in Sessions Trial No. 105/2010 by the learned District and Additional Sessions Judge-Ist, Jamtara and order of sentence dated 11.09.2012, whereunder, all these appellants stand convicted for the offence under section 302 read with section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have been further sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 5,000/- under section 201 of the Indian Penal Code. In default of payment of fine, they shall further undergo imprisonment for three months. All these sentences were directed to run concurrently.
(3.) Prosecution was launched on the basis of the written report of the informant, Sipan Mahato (PW-5) at 9.00 am on 01.05.2010, which led to the institution of the formal FIR being Nala Bindapathar P.S. Case No. 39/2010 dated 02.05.2010 under sections 302/201/34 of the Indian Penal Code against the accused persons namely, Raju Chaudhary, Damu Chaudhary, Bhim Chaudhary, all son of late Raghu Chaudhary, Demuri Devi, wife of late Raghu Chaudhary and Morkhi Devi, wife of Damu Chaudhary. The informant inter-alia alleged as follows: He had sent his daughter in marriage 4-5 years back with Raju Chaudhary, son of late Raghu Chaudhary, village Todo, P.S. Bindapathar, District Jamtara. His daughter had a daughter and a son. On 30.04.2010 at around 9.00 pm, his son-in-law Raju Chaudhary called from the mobile no. 9661161694 to inform him that his wife Katho Devi had gone out of the house at 6.00 pm and since then, there was no trace of her. He asked whether she has reached the residence of the informant? Then the informant at 8.00 am in the morning along with a co-villager Ajit Yadav, son of Shri Maharaj Yadav, went to Todo village. His son-inlaw and Samdhin (mother of his son-in-law) Deuty Devi on being asked, avoided answer. Then he inquired from the neighbors around and came to know that there was exchange between his son son-in-law, Samdhin and sister-in-law Morkhi Devi. However, they could notsay where the daughter of the informant had gone. Then, the informant tried to locate his daughter from the house of his other relatives. On 01.05.2010, the date of the written report, at around 3.00 in the afternoon, his cousin Ghanshyam Yadav (PW-3) received a call from the same number 9661161694 on his mobile no. 9279745828 and it was told to him that their daughter has been killed and thrown away and they could do whatever they like. The informant further states that he did not know whose mobile number was this. Then, he along with Ghanshyam Yadav and Ajit Yadav went to Todo where he came to know that Katho Devi (his daughter) has been killed with assault by stone and burnt by his son-in-law Raju Chaudhary, Damu Chaudhary, Bhim Chaudhary, all sons of late Raghu Chaudhary, Deuty Devi, wife of late Raghu Chaudhary and Morkhi Devi, wife of Damu Chaudhary. On the basis of this assertion, he requested for proper legal action against the accused persons.;