Lack of substantial evidence to prove the charges of murder and abetment of suicide

JUDGMENT :

Heard Mrs. Rashmi Kumar, learned counsel for the appellant and Mrs. Priya Shrestha, learned Special P.P.

2. This appeal is directed against the judgement of conviction dated 15.12.2014 and order of sentence dated 23.12.2014, passed by Shri Arun Kumar Singh, learned District & Additional Sessions Judge, Sessions Court No. 1, Koderma in S.T. No. 54 of 2013, whereby and whereunder the appellant has been convicted for the offences punishable under sections 498A, 302 and 201 IPC and has been sentenced to undergo R.I. for three years for the offence punishable under section 498A IPC, R.I. for seven years for the offence punishable under section 201 IPC and imprisonment for life for the offence punishable under section 302 IPC with a further direction that all the sentences are to run concurrently.

3. The fardbeyan of Ramdeo Ravidas was recorded on 25.11.2012 near the well of Babulal Rana at village-Lariadih to the effect that the marriage of his sister namely Kunti Devi @ Jamuni Devi was solemnized with Moti Das (appellant) about fifteen years back. After four years of marriage, Moti Das had demanded Rs.50,000/-as dowry and if the dowry was not fulfilled, a threat was extended to commit the murder of his sister. It has been alleged that the accused used to come intoxicated in the evening and used to assault the sister of the informant. In the night of 24/25.11.2012, the accused had repeatedly called on his mobile to enquire as to whether his sister had reached or not since he had boarded her on a vehicle.

It has been alleged that today i.e. 25.11.2012, an information was received that Moti Das has murdered his sister and thrown her in the well. When he along with his father and other family members had reached village-Lariadih, they saw a crowd having gathered and the body of his sister and his nephews and niece were found floating in the well. It has been alleged that whenever the informant used to visit his sister at Lariadih, she used to complain that Modi Das regularly assaulted her after having liquor.

4. Based on the aforesaid allegations, Koderma P.S. Case No. 341 of 2012 was instituted for the offences punishable under sections 302, 201, 120B, 498A/34 IPC against Moti Das and Rupia Mosomat. On completion of investigation, chargesheet was submitted against Moti Das and Rupia Mosomat under sections 302, 201, 498A/34 IPC. After cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 54/2012. Charge was framed against the accused persons for the offences punishable under sections 498A, 302, 201 and 34 IPC, which was read over and explained to the accused in Hindi, to which they pleaded not guilty and claimed to be tried.

5. Be it noted that co-accused-Rupia Mosomat has been acquitted by the learned trial court.

6. The prosecution has examined as many as thirteen witnesses in support of its case.

P.W-1-Paryag Ravidas is the uncle of the informant. He has deposed that the marriage of Kunti was solemnized with Moti Das about twenty years back. At the time of the incident, she was at her matrimonial house. It was the day of Chhath Puja when information was received that Moti Das has committed the murder of Kunti. At this the villagers had gone to village-Lariadih, Pathardiha where a crowd was found having assembled. On query, it was disclosed that the police had already taken the dead bodies to the police station. He came to know that Moti Das had committed the murder of his niece who was pregnant as well as four children and had thrown them in the well. On going to the hospital, he had seen all the five dead bodies. Prior to the occurrence, his brother has disclosed that the accused used to regularly torture his daughter and also used to make a demand of Rs.40,000/--Rs.50,000/-. He has identified his signature in the fardbeyan, which has been marked as Ext-1.He has also proved his signature in the seizure list, which is with respect to seizure of a pair of shoes and sleepers and