IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.489 of 1990

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Prem Lal Ram, son of Sone Lal Ram, resident of village Sherpur Shankar Das, P.S.

Patepur, Distt. Vaishali.

.... .... Appellant

Versus

The State of Bihar .... .... Respondent

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Appearance :

For the Appellant : Mr. Manindra Kumar, Adv.

Mr. Anurag Pandey, Adv.

For the Respondent : Mr. Ajay Mishra (A.P.P.)

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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA

and

HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA)

Date: 18-12-2012

This appeal is directed against the judgment of conviction

dated 6.11.1990 and sentence dated 7.11.1990 passed by the Sessions

Judge, Vaishali at Hajipur in Sessions Trial No. 179 of 1986, whereby

and whereunder, the sole appellant Premlal Ram has been convicted

for offence under Section 302 and sentenced to undergo rigorous

imprisonment for life. He has further been convicted for offence under

Section 201 I.P.C. as also sentenced to undergo rigorous

imprisonment for a period of three years. Both the sentences,

however, have been directed to run concurrently.

2. The prosecution case is based on a written report of the

informant Shiv Kishore Kumar (P.W.4) who on 9.12.1985 had

brought it to the notice of the officer-in-charge of Patipur police

station in the district of Vaishali that his sister Pramila Devi

Patna High Court CR. APP (DB) No.489 of 1990 dt.18-12-2012

2

(deceased) was married to the appellant Premlal Ram on 16.5.1981

and after her marriage, she mostly used to reside in her Sasural in

village Sherpur Shankardas. The informant had also stated that the

husband of her sister i.e. the appellant Premlal Ram and her father-in-

law Sonelal Ram used to reside in Kolkata and carry their business of

leather whereas her sister Pramila Devi used to reside with the mother

as well as grand parents of Premlal Ram.

3. In the said written report, the informant has also stated

that after the marriage, this appellant, the brother-in-law of the

informant, had been consistently demanding a motorcycle by way of

dowry but, the informant on account of his poor resources was not in

a position to fulfil such demand and as a result of that, her sister

Pramila Devi (deceased) used to be given several sort of torture,

information regarding which was given by Pramila Devi to him

(informant) as also to his mother and father as well as to the

neighbors. He has also stated that the father-in-law of her sister had a

grievance that he had sustained huge loss in business which could be

fulfilled only on giving a motorcycle in dowry by the informant.

4. Proceeding further in the detailed written report, the

informant has also stated that on the eve of Chhath festival, the

appellant Premlal Ram had come to the house of the informant and

threatened that on account of non-fulfillment of demand of giving

Patna High Court CR. APP (DB) No.489 of 1990 dt.18-12-2012

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motorcycle, they will have to face severe consequences. He has also

stated that for last 2-3 days, the mother of the informant was having

bad dream and she had accordingly asked the informant to go and

meet her sister Pramila Devi and in that context, when he had reached

the boundary of the village Sherpur Shankardas, a person having

asked about his village had stated that his sister Pramila Devi had

already been done to death.

5. The informant claimed that hearing this news he became

upset but his accompanying cousin Chandeshwar Ram had given

some assurance and thereafter both of them had reached the house of

his sister Pramila Devi and had made enqui