SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals are directed against the judgment and order passed on 28/29th September, 2000 by the then learned Additional Sessions Judge-II, Katihar in Sessions Trial No. 144 of 1997, so they were heard together and are being disposed of by this common judgment.

(2.) The appellants-Ramchandra Singh, Birendra Singh, Harendra Singh and Jitendra Singh-in Criminal Appeal No. 588 of 2000 (DB) have been convicted under Section 304-B of the Indian Penal Code and sentenced to R.I. for life. The appellants-Sanjay Singh, Suresh Singh, Parwati Devi @ Panwati Devi and Shila Devi @ Shabnam Devi-in Criminal Appeal No. 567 of 2000 (DB) have been convicted under Section 304-B of the Indian Penal Code and sentenced to R.I. for seven years. All the eight appellants have further been convicted under Section 201 of the Indian Penal Code and sentenced to R.I. for two years. The sentences awarded to them, however, have been ordered to run concurrently.

(3.) Briefly, the facts of the case are that Anita Kumari, the sister of the informant, Raj Kumar Singh, P. W. 9, was married with the accused Birendra Singh, son of Ramchandra Singh of Village Sirsa, P.S. Mufassil, District Katihar on 3.5.1995 and according to the capacity the prosecution party had given gifts to the accused persons. On 17.1.1996 Duragaman of Anita was performed and thereafter she started living in her Sasural house at Village Sirsa. Anita Kumari used to inform through letters that her in-laws, husband and dewars were demanding cash of Rs. 50,000/- besides golden chain in dowry and were subjecting her to cruelty on account of non-fulfilment of their demand. They also threatened to desert her in case of non-fulfilment of their demand. Thereafter when Vishwanath Singh, the father of the informant, went to Sirsa to see Anita Kumari, he was not allowed to meet her by her in-laws, elder gotani and others. They also disclosed that only after fulfilment of their dowry demand they would allow him to see her but due to critical financial position their demand could not be fulfilled by the prosecution side. The further case of the prosecution is that on 2.3.1997 the informant was informed by a person of Sirsa village that on 28.2.1997 his sister was murdered and her dead body was disposed of secretly by her husband, Birendra Singh, in-laws, Ramchandra Singh and Parwati Devi @ Panwati Devi, dewars, Harendra Singh and Jitendra Singh and elder gotani, Shila Devi @ Shabnam Devi. On receipt of information he sent intimation to his maternal uncle and neighbours about it. On the same day, i.e., 2.3.1997 at 1.00 p.m. he proceeded for Katihar on a jeep and arrived Sirsa Village at 11 p.m. He stayed in the night at the residence of his relative, Ram Pravesh Singh and made inquiry secretly about the incidence. He learnt that his sister was murdered by the accused, Birendra Singh, Harendra Singh, Jitendra Singh, Ramchandra Singh, Shila Devi @ Shabnam Devi, Panwati Devi (c) Parwati Devi, Suresh Singh and Sanjay Singh and concealed her dead body somewhere in the river. He also learnt that in the night of 28.2.1997 at about 11 p.m. all the male six accused persons had gone to Sirsa Military Farm with something tied on bamboo and on being enquired by Guard he was threatened by them.