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Criminal Appeal (DB) Nos. 721 and 527 of 2012

Decided On: 20.06.2018

Appellants: Ashok Prasad Sah and Ors. Vs. Respondent: The State of Bihar

Hon'ble Judges/Coram:
Dr. Ravi Ranjan and Prakash Chandra Jaiswal


Prakash Chandra Jaiswal, J.

1. As both these criminal appeals have cropped up from the same judgment and order of conviction and sentence, hence they are taken up together for consideration and disposed of by this common judgment.

2. Heard learned counsel for the appellants and learned APP for the State on these criminal appeals.

3. These criminal appeals have been preferred against the judgment and order of conviction dated 09.05.2012 and order of sentence dated 15.05.2012 passed by Additional Sessions Judge-V, Rohtas at Sasaram in Sessions Trial No. 262 of 2008/113 of 2009 arising out of Chenari P.S. Case No. 38 of 2006, whereby the learned trial Court acquitted the accused Shashi Gupta, Sanjay Sah, Asha Devi, Ranjani Devi and Vidya Kumari giving them benefit of doubt from the offence punishable under Sections 304(B) and 201 of Indian Penal Code while convicted accused Ashok Prasad, Madan Prasad and Nirmala Devi for the offence punishable under Sections 304(B) and 201 of the Indian Penal Code and sentenced them to undergo R.I. for life under Section 304(B), and further sentenced them to undergo R.I for three years and also slapped them with a fine of Rs. 5,000/- each and in default of payment of fine, further sentenced them to undergo S.I. for six months under Section 201 I.P.C. However, all the sentences were directed to run concurrently.

4. The factual matrix of the case is that Chenari P.S. Case No. 38 of 2006 was instituted under Sections 304(B), 201/34 of the Indian Penal Code against Ashok Prasad, Madan Sah, mother of Ashok Prasad Nirmala Devi, Asha Devi, Ranjan Devi, Vidya Kumari, husband of Asha Devi and husband of Ranjan Devi on the basis of written report of Naresh Prasad S/o. Late Ram Kishun Sah with the allegation, in succinct that the informant had performed marriage of his sole daughter Sunita Kumari @ Nilam Kumari with Ashok Prasad son of Madan Sah on 3.02.2001 and accorded gift worth Rs. 4 lacs in the marriage succumbing the pressure of groom and his parents. His daughter was blessed with a daughter and two sons out of the aforesaid wedlock. Husband of his daughter, Ashok Prasad, her parents-in-law, sister-in-law Asha Devi, Ranjan Devi, Vidya Kumari and husband of Asha Devi, Ranjan Devi are very greedy persons. They always used to torment his daughter over dowry demand and mount pressure upon her to fetch Maruti Car from him. They also always used to thrash her and did not accord her food. Whenever, he used to pay visit in-laws house of his daughter, the aforesaid persons used to make demand of Maruti car from him, and on refusal, they used to extend threatening of dire consequences to his daughter. On 14.07.2006 at 08:00 PM, he got telephonic information from some unknown person about burning alive his daughter by the aforesaid accused persons. Then he rang his daughter in-law's house, but got no response. Then he rang to the neighbour of his in-law's house, namely, Basisth Dubey, who divulged him that the house of in-laws of his daughter is locked and all the members of the house are absconding. Today, when he arrived at in-law's house of his daughter, he found it locked. He suspected that the aforesaid accused person........