- (1.)Under challenge, in the present appeals, is the judgment and order, dated 10.03.1993, passed, in Sessions Trial No. 339 of 1989, by the learned 2nd Additional Sessions Judge, Rohtas, at Sasaram, whereby various sentences have been passed against the accused-appellants.
(2.)By the impugned judgment under appeal, the learned trial Court has convicted all the accused-appellants, namely, Ram Bahadur Singh, Taluka Devi, Santosh Kumar Mehta, Jitendra Kumar Singh, Mundrika Singh, Murli Singh, Ram Awadh Singh and Ram Bachan Singh, under Section 302 read with Section 34 of the Indian Penal Code and all the accused-appellants, except accused-appellant Taluka Devi, have been convicted under Section 201 of the Indian Penal Code, too. By the judgment under appeal, the accused appellant, Santosh Kumar Mehta, stands further convicted under Section 4 of the Dowry Prohibition Act, 1961. While all the accused-appellants aforementioned stand sentenced, for their conviction under Section 302 read with 34 of the Indian Penal Code, to suffer imprisonment for life, all the accused appellants, except accused-appellant Taluka Devi, stand sentenced, for their conviction under Section 201 of the Indian Penal Code, to undergo rigorous imprisonment for a period of five years and accused-appellant, Santosh Kumar Mehta, further stands sentenced, for his conviction under Section 4 of the Dowry Prohibition Act, 1961, to undergo rigorous imprisonment for one year. All the sentences have been directed to run concurrently.
(3.)The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:
(i) Deceased Urmila Singh, married to accused Santosh Kumar Mehta, in the year 1982, was the daughter of PW 7 (Jawahar Lal Singh). While accused Jitendra Singh is younger brother of accused Santosh Kumar Mehta, accused Mundrika Singh is cousin of accused Santosh Kumar Mehta. While accused Ram Bahadur Singh is the father-in-law of the said deceased, accused Taluka Devi is the mother-in-law of the said deceased. The remaining accused, namely, Murli Singh, Ram Awadh Singh and Ram Bachan Singh, are the co-villagers of accused Santosh Kumar Mehta.

(ii) Deceased Urmila Singh's "gauna" (i.e., the ceremonial departure of the bride from the house of her parents to her matrimonial house) was performed, on 14.12.1988. Following her "gauna", Urmila Singh was taken to her matrimonial house, at village Bank, by accused Santosh Kumar Mehta.

(iii) PW 3 (Shiv Kumar Singh) came, sometime in the month of February, 1989, to the house of his in-laws at village Bank and he also went to visit his cousin, Urmila Singh, at her matrimonial house. When PW 3 reached the matrimonial house of Urmila Singh, he did not find Urmila and her husband (i.e., accused Santosh Kumar Mehta) there, but he (PW 3) met Urmila's parents-in-law. While Taluka Devi, mother-in-law of Urmila Singh told PW 3 that Urmila's brother had taken her to Bhopal, PW 3 was informed by accused Ram Bahadur Singh, father-in-law of Urmila Singh, that Urmila Singh had been taken by her husband (i.e., accused Santosh Kumar Mehta), to Banaras. These contradictory information, which were given to PW 3 by the parents-in-law of Urmila Singh, made PW 3 suspicious and he expressed his suspicion to his father-in-law, Ram Muni Singh (PW 1), whereupon Ram Muni Singh (PW 1), accompanied by his wife, went to the house of accused Ram Bahadur Singh. On enquiry, Ram Bahadur Singh said that Urmila's brother had taken her to Bhopal, but when PW 1 made enquiry from accused Taluka Singh, she told that her son, accused Santosh Kumar Mehta, has taken Urmila Singh to Banaras.

(iv) On returning home, PW 1 asked PW 3 to send a telegram to Urmila's father, Jawahar Lal Singh (PW 7), who used to live in Bhopal. PW 3 accordingly sent a telegram to Jawahar Lal Singh (PW 7). The telegram was received by PW 7 (Jawahar Lal Singh), on 10.02.1989, informing him that Urmila Singh was ill. PW 7, therefore, came to village Bank and learnt from accused Ram Bahadur Singh and the members of his family that Urmila Singh had committed suicide on 04.02.1989 and her last rites had already been performed by them by the side of Sone river. Thereafter, when PW 7 happened to meet PW 1 (Ram Muni Singh), PW 1 told him (PW 7) that Urmila Singh had, in fact, been murdered and her dead body had been burnt.

(v) PW 7, therefore, lodged a fardbayan (Exhibit-2), at Akorhi Gola Police Station, alleging therein, inter alia, that he had given his daughter, Urmila Singh, in marriage to accused Santosh Kumar Mehta and on 14.12.1988, his son-in-law took Urmila Singh to her matrimonial home after her gauna, but on 10.02.1989, PW 7 received a telegram, at Bhopal, from PW 3 informing him (PW 7) that Urmila Singh as killed and that he (PW 7), thereafter, came to village Bank (i.e., the matrimonial home of his daughter, Urmila Singh) and, on making enquiry about his daughter, accused Ram Bahadur Singh and his family members told him that Urmila Singh had committed suicide, on 04.02.1989, and her dead body had already been cremated by the side of Sone river and that he (PW 7), then, went to the house of his relative, Ram Muni Singh (PW 1), who told him (PW 7) that accused Ram Bahadur Singh and his family members had killed Urmila Singh and burnt her dead body. It was also alleged in his fardbeyan (Exhibit-2) that his daughter, Urmila Singh, was hale and hearty and had not been suffering from any disease and he was, therefore, confident that accused Ram Bahadur Singh, father-in-law of deceased Urmila Singh, accused Santosh Kumar Mehta, husband of deceased Urmila Singh, accused Jitendra Kumar, brother-in-law of deceased Urmila Singh, Taluka Devi, mother-in-law of deceased Urmila Singh, accused Mundrika Singh and accused Murli Singh had killed Urmila Singh and disposed of her dead body.

(vi) The informant further alleged that the reason behind Urmila Singh's murder was that his son-in-law had demanded a colour television at the time of gauna of Urmila Singh and since the demand had not been fulfilled, the accused had killed Urmila Singh.

(vii) The fardbayan (Exhibit 2)of the informant, Jawahar Lal Singh (PW 7), was recorded by the Officer-inCharge, Akorhi Gola Police Station, Ashok Kumar Sinha (PW 10), at Akorhi Gola Police Station, on 12.02.1989, at 3:00 PM and, treating the said fardbeyan (Exhibit 2)as First Information Report, Akorhi Gola Police Station Case No. 43 of 1989 was registered, under Sections 302/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, 1961, against six (06) accused persons, namely, Ram Bahadur Singh, Santosh Kumar Mehta, Jitendra Kumar, Taluka Devi, Mundrika Singh and Murli Singh.

(viii) During investigation, the Investigating Officer (PW 10) took into custody accused Ram Bahadur Singh, Ram Bahadur Singh's wife, accused Taluka Singh, accused Santosh Kumar Mehta, accused Jitendra Singh, accused Mundrika Singh and accused Murli Singh and obtained their custody on police remand and, during investigation, a statement of Mundrika Singh, in the form of his judicial confession, was recorded under Section 164 of the Code of Criminal Procedure, on 21.02.1989, by a Judicial Magistrate (PW 11). On the basis of the confession so made by accused Mundrika Singh and the information received by the Investigating Officer on interrogation, accused Mundrika Singh was taken to the field of accused Ram Bahadur Singh and a place, pointed out by accused Mundrika Singh, was dug at the direction of the Investigating Officer, dead body of a female person was dug out, which was identified by PW 7 and PW 8, i.e., the father and the brother respectively of deceased Urmila Singh, as the dead body of Urmila Singh.

(ix) Inquest was, then, held over the said dead body, which was also subjected to the post mortem examination, and, on completion of investigation, a charge sheet was laid, under Sections 302/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, 1961, against 08 (eight) accused persons, namely, Ram Bahadur Singh, Taluka Devi, Santosh Kumar Mehta, Jitendra Kumar Singh, Mundrika Singh, Murli Singh, Ram Awadh Singh and Ram Bachan Singh.