IMPORTANT POINT
In case of suspected poisoning examination of the viscera is of utmost importance.

JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. The appellant who was arraigned as Accused 2 was tried along with five other accused for offences punishable under Sections 498A and 302 read with Sections 149 and 201 of the IPC by the 1st Additional Sessions Judge, Madhepura. The allegations against the accused, inter alia, were that they subjected one Bindula Devi to cruelty and harassment with a view to coercing her and her other relatives to meet their unlawful demand of property and that on her failure to fulfill their unlawful demand, in furtherance of their common object, they committed her murder and that they caused disappearance of her dead body with an intention to screen themselves from legal punishment.

2. Bindula Devi was married to Accused 1 Jaipraksh Yadav. The appellant and Accused 3 Shakun Devo Yadav are the brothers of Accused 1 Jaiprakash Yadav. Accused 4 Dani Dutta Yadav is their father and Accused 5 Satya Bhama Devi is their mother. Accused 6 Fudai Yadav is brother-in-law of Accused 1 Jaiprakash Yadav.

3. The prosecution story is reflected in the evidence of Complainant PW-9 Debu Yadav, the father of Bindula Devi. He stated that his daughter Bindula Devi was married to Accused 1 Jaiprakash Yadav. He further stated that in the marriage one buffalo, one cow and one bullock were given as dowry to the accused as per their demand. However, the accused were not satisfied with that. They demanded a wrist watch and a cycle which were given to them. Even then they continued to harass and assault Bindula Devi. She gave birth to a male child. The accused kept Bindula Devi in their house and sent the child to his house so that he would rear the child. PW-9 Debu Yadav further stated that when in Ashwin month he brought Bindula Devi to his house she told him about the ill-treatment meted out to her at her matrimonial home. She did not want to go back.

He tried to pacify her. He transferred two kathas of land in her name. She then went to her matrimonial home. The accused insisted that she should sell the land. As she did not agree to selling of the land, they subjected her to further torture. PW-9 Debu Yadav further stated that on a Monday at about 4.00p.m. Accused 6 Fudai Yadav came to his house and enquired whether Bindula Devi had come there and told him that she had run away from the house. He told Accused 6 Fudai Yadav that Bindula Devi would not run away from her house. He then proceeded to the house of the accused situated in village Kolhua along with his son Sachindra Yadav and his brother-in-law. Accused 6 Fudai Yadav accompanied them for some distance and then left for some other place.

They reached Kolhua village and found the house of the accused to be empty. All the accused had left the house with their belongings. Bindula Devi was also not present. On enquiry the neighbours told him that because Bindula Devi had refused to transfer the land in the accused's name they had administered poison to her and murdered her. Hemet Sub-Inspector of Police by the river side who recorded his statement. A search was conducted. The dead body of Bindula Devi was recovered from the river bed. Formal FIR of PW-9 Debu Yadav was registered on 31/1/1989and the investigation was started. The appellant, Accused 1 JaiprakashYadav and Accused 3 Shakun Devo Yadav surrendered before the court on6/3/1989. Accused 4 Dani Dutta Yadav surrendered before the court on26/8/1989.

4. At the trial, though, the prosecution examined 13 witnesses, it's case rested on the evidence of PW-9 Debu Yadav, father of the deceased andPW-10 Sachindra Yadav, brother of the deceased. PWs-2 to 7 turned hostile. The accused pleaded not guilty to the charge. They contended that when Bindula Devi went to take bath, she slipped in the water, got drowned anddied.

5. The trial court convicted the accused under Section 302 read with Section 149 of the IPC and sentenced each of them to suffer life imprisonment. They were also convicted under Section 498A of the IPC and sentence