PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:

I have already heard the learned counsel for the parties.

2. The present memo of appeal is directed against the judgment of conviction and order of sentence dated 24.11.2018, passed in Session Trial Case No.493/2013, Trial No.291/2018, arising out of Complaint Case No.94 (C)/2009 by the learned Fast Track Court-II, Lakhisarai whereby the appellants have been convicted for the offence under Section 306/34 of I.P.C. along with other Sections 323 and 341 of I.P.C. and Sentence to R.I. for one year each under Section 323 of the IPC and one month RI under Section 341 IPC each. They were further sentenced to undergo RI for five years each under Section 306/34 of the IPC with a fine of Rs. 5,000/- each and in default of payment whereof, was directed to undergo one month SI. All the sentences were directed to run concurrently.

3. The complainant, Krishna Kanhaiya Singh (PW4), is the brother of Gudiya Kumari (the deceased), whereas the present appellant No. 1, Pramod Kumar Singh, is the father of Guriya Kumari, and appellant No. 2, Gopal Kumar Singh, is the second son of appellant No. 1, and also the brother of the complainant and the deceased Guriya Kumari. At the time of occurrence, the informant was posted as a constable in the Bihar Military Police at Darbhanga and he was at training center in Dehri-On-Sone. He lodged Complaint Case No. 94 (C)of 2009 on 23.02.2009, which was seen by the learned Chief Judicial Magistrate, Lakhisarai on 26.02.2009.

4. The complainant made allegation that on 17.02.2009 at about 11.00 p.m., he got an information that his sister Guriya Kumari became traceless. On 18.02.2009, one Heera Devi informed him that a floating dead-body was seen in a tank. The complainant went there on 19.02.2009 and he found that it was the dead-body of his sister Guriya Kumari. His father, the appellant, and the accused persons were carrying the dead- body to Munger and the accused persons misbehaved with the complainant. The complainant made further allegation that his father (the appellant no.1) had illicit relationship with Renu Devi, who was the aunt of the complainant. Renu Devi is also one of the accused in the present case. The complainant made further allegation that his sister Guriya Kumari was protesting the illicit relationship of the appellant no.1 with Renu Devi, and it was the reason that the accused persons started torturing Guriya Kumari. They assaulted her and she suffered injuries.

5. The complainant has also mentioned in his complaint petition that Guriya Kumari lodged Surajgarha P.S.Case No.97 of 2006 against the accused persons. The appellants ousted Guriya Kumari from their house and she was taking shelter in the house of her Mousa, namely Vyas Rai, and thereafter she was residing with her second Mousa, namely Dharnidhar Singh, PW1. It has further been mentioned in the complaint petition that, meanwhile, the complainant was selected as a Constable in B.M.P. Guriya Kumari lodged Domestic Violence Case No. 1943C of 2008 against her father, the appellant no.1, which is still pending in the court of CJM, Bhagalpur. For that reason also, the accused persons intensified the atrocities on Guriya Kumari. It has also been mentioned in he complaint petition that, due to duress and mental and physical torture inflicted by the accused persons, Guriya Kumari committed suicide, after jumping into the tank. The accused persons are responsible for commission of suicide by Guriya Kumari.

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