Jharkhand High Court
The State Of Jharkhand vs Bhairav Nath Dasoundhi on 5 August, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Sanjay Prasad
Neutral Citation: (2025:JHHC:22588-DB)
Death Reference No. 02 of 2019
With
Criminal Appeal (DB) No. 623 of 2019
With
Criminal Appeal (DB) No. 627 of 2019
With
Criminal Appeal (DB) No. 1137 of 2019
Against the judgment and order of conviction and sentence
dated 10.05.2019 (sentence passed on 24.05.2019) passed by Smt.
Sanjeeta Srivastava, learned Additional Sessions Judge-XVI,
Dhanbad in Sessions Trial No. 183 of 2018
Death Reference No. 02 of 2019
The State of Jharkhand ... Appellant
Versus
Bhairav Nath Dasoundhi, son of Rajendra Prasad Dasoundhi,
resident of Bada Jamua, P.O. & P.S. Barwadda, District Dhanbad
... Respondent
With
Criminal Appeal (DB) No. 623 of 2019
Rupa Devi, wife of Late Pappu Dasoundhi, resident of Bhatdih, P.O.
& P.S. Mahuda, District Dhanbad
... Appellant
Versus
The State of Jharkhand ... Respondent
With
Criminal Appeal (DB) No. 627 of 2019
1. Rajendra Prasad Dasoundhi, son of Late Bhagwat Dasoundhi
2. Gayatri Devi, wife of Rajednra Prasad Dasoundhi
Both are residents of Bada Jamua, P.S. Barwadda, District
Dhanbad
... Appellants
Versus
The State of Jharkhand ... Respondent
With
Criminal Appeal (DB) No. 1137 of 2019
Bhairav Nath Dasoundhi, son of Rajendra Prasad Dasoundhi,
resident of Bada Jamua, P.O. & P.S. Barwadda, District Dhanbad
... Appellant
Versus
The State of Jharkhand ... Respondent
1|Page
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE SANJAY PRASAD
For the Appellants : Mr. Vineet Kr. Vashistha, A.P.P.
(In D. Ref. No. 02/2019)
Mr. A.K. Kashyap, Sr. Adv.
(In Cr. Appeal (DB)/623/2019)
Mr. Vishal Kr. Tiwary, Adv.
(In Cr. Appeal (DB)/627/2019)
Ms. Alpana Verma, Adv.
(In Cr. Appeal (DB)/1137/2019)
For the Respondent (State) : Mr. Ravi Prakash, Spl. P.P.
(In Cr. Appeal (DB)/623/2019)
Mrs. Vandana Bharti, A.P.P.
(In Cr. Appeal (DB)/627/2019)
Mr. Saket Kumar, A.P.P.
(In Cr. Appeal (DB)/1137/2019)
CAV Judgement
Delivered on 05.08.2025
----
Rongon Mukhopadhyay, J. : 1. Heard the learned counsel for the respective sides.
2. The appellant Bhairav Nath Dasoundhi in Criminal Appeal (DB) No. 1137 of 2019 has died during the pendency of this appeal as informed to us in terms of the communication dated 06.05.2025 by the Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribag and consequently Criminal Appeal (DB) No. 1137 of 2019 stands abated. The Death Reference is accordingly disposed of.
2. These appeals are directed against the judgment and order of conviction and sentence dated 10.05.2019 (sentence passed on 24.05.2019) passed by Smt. Sanjeeta Srivastava, learned Additional Sessions Judge-XVI, Dhanbad in Sessions Trial No. 183 of 2018, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/120B of the Indian Penal Code (IPC) and while the appellant Bhairav Nath Dasoundhi has been sentenced to death u/s 302 IPC along with a fine of Rs. 30,000/-, rest of the appellants barring Rupa Devi have been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 30,000/- each for the offence u/s 302 IPC and in case of default of payment of fine to undergo
2|Page rigorous imprisonment for one year. No separate sentence has been passed u/s 120B IPC. So far as Rupa Devi is concerned, she has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 30,000/- for the offence u/s 302/120B IPC and in case of default in payment of fine to undergo rigorous imprisonment for one year.
3. The prosecution case arises out of the written report of Rajendra Rai in which it has been stated on 03.01.2017 in the night Bhairav Nath Dasoundhi, Rajendra Prasad Dasoundhi and Gayatri Devi by hatching a conspiracy had committed the murder of the daughter of the informant Anupama Devi and grandchildren Akshay Kumar and Aabha Kumari. It has been alleged that the son-in-law of the informant along with his parents always used to demand cash and jewellery and the daughter of the informant was regularly subjected to torture. It has also been alleged that the son-in-law of the informant had an illicit relationship with another girl which was the reason for the son-in-law of the informant of committing torture upon his daughter. Under a conspiracy, the accused persons had eliminated the daughter and grandchildren of the informant. The informant on receiving an information from Rajendra Prasad Dasoundhi had rushed to his house and came to know about the murders.
Based on the aforesaid allegations, Barwadih P.S. Case No. 154/2017 was instituted. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 183 of 2018. Charge was framed against the accused for the offence punishable u/s 302/ 120B of the I.P.C. which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as fourteen (14) witnesses in support of its case.
P.W. 1- Basant Kumar Rai has stated that on 04.10.2017 at 7 a.m. he came to know about the murders committed in the house of Bhairav Nath. He thereafter went to the house of Bhairav Nath and on going inside, he had found the dead body of Anupama Devi as well as the dead bodies of her children, whose neck were slit. The marriage of Anupama Devi was
3|Page solemnized with Bhairav Nath Dasoundhi on 01.07.2013 and she was staying at her matrimonial house. Bhairav Nath Dasoundhi always used to demand an amount of Rs. 10-20 thousand. He has stated that Bhairav Nath had an illicit relationship with Rupa Devi and when Anupama Devi objected, Bhairav Nath always used to assault her. The father of Bhairav Nath Dasoundhi, namely, Rajendra Prasad Dasoundhi had disclosed that Bhairav Nath committed the murders and had fled away. Bhairav Nath had written a letter which was found besides the dead body of Anupama Devi in which it has been stated that he has been abducted by extremists who had killed his wife and children with a request to get him released after paying Rs. One Lakh in cash. Rajendra Prasad Dasoundhi and Gayatri were misbehaving with him and others for the last 4-6 months.
In cross examination he has deposed that he had rushed to the place of occurrence prior to the coming of the informant. Rajendra Prasad Dasoundhi and Gayatri Devi were present in the house, but Bhairav Nath Dasoundhi was not present. His wife had also reached the place of occurrence with him at 7.15 a.m. He has not witnessed any occurrence. No case had ever been instituted with respect to the torture committed by Bhairav Nath Dasoundhi upon Anupama Devi. He had never seen Rupa Devi with Bhairav Nath Dasoundhi.
P.W. 2 Sanyukta Devi @ Sanyukta Rai has stated that in the morning of 03.10.2017, she had come to know about the murders which had occurred in the house of Vishnu Pandey. On such information she had gone to the place of occurrence where a crowd had already gathered. When she went inside the room, she found the dead bodies of Anupama Devi and her two children. Bhairav Nath had written a letter in red ink that he was kidnapped, but the same was false. Bhairav Nath had an illicit relationship with his sister-in-law Rupa Devi which was objected by Anupama Devi. Anupama Devi was her niece.
In cross examination she has deposed that she had come to know about the illicit relationship between Rupa Devi and Bhairav Nath Dasoundhi. On the 3rd she had seen both of them together. Her statement was recorded by the police after 8 days of the occurrence. No case was
4|Page lodged with respect to the dispute between Bhairav Nath Dasoundhi and Anupama Devi. The final rites of the deceased were completed by Rajendra Prasad Dasoundhi.
P.W. 3- Bijay Sharma has stated that he was in his house and in the morning, he could come to know about the murder of Anupama Devi and her two children. The persons who were present had disclosed that Bhairav Nath had committed the murder of his wife and children and had fled away.
In cross examination he has deposed that he had not witnessed the incident.
P.W.- 4 Mamta Devi has stated that on 03.10.2017 at 5 a.m. she had heard a commotion coming from the house of Anupama Devi. The father- in-law of Anupama Devi had opened the door and when she went inside, the nephew and niece of Bhairav Nath Dasoundhi had disclosed that Bhairav Nath Dasoundhi had committed the murder of his wife and children and had gone somewhere. On going inside, she had seen a Dupatta in the neck of Anupama Devi and the throat of her children were slit. She had heard that the murders have been committed because of the illicit relationship Bhairav Nath Dasoundhi was having with Rupa Devi.
In cross examination she has deposed that she does not have any personal knowledge about the case.
P.W.-5 Satyendra Kumar has stated that at the time of the incident he was at Hazaribag. The incident had been told to him on 4.10.2017 by his sister Sanyukta Devi. At this information, he had gone to the place of occurrence, where a crowd had assembled. When he went inside, he found the dead bodies of Anupama Devi and her two children. Bhairav Nath Dasoundhi had absconded though his parents were present in the house. The handwriting on the Aadhaar Card in red ink informing about the kidnapping of Bhairav Nath Dasoundhi was of Bhairav Nath Dasoundhi himself. Bhairav Nath Dasoundhi had an illicit relationship with Rupa Devi with whom, he wanted to spend the rest of his life. He has stated that Bhairav Nath Dasoundhi had gifted a mobile to Rupa Devi in which the SIM was in the name of Bhairav Nath Dasoundhi. Rupa Devi used to converse with Bhairav Nath in this mobile. He had checked the mobile phone of
5|Page Rajendra Prasad Dasoundhi and had found that Rajendra Pd. Dasoundhi had called on the mobile of Bhairav Nath Dasoundhi at 2.03 a.m., 2.04 a.m. and 2.05 a.m. The birth day of the son of Bhairav Nath Dasoundhi was celebrated on 3.10.2017 and Rupa Devi was also present in the celebrations.
In cross examination he has deposed that he is the maternal uncle of Anupama Devi. No Panchayati was ever held with respect to the role played by Rupa Devi in the life of Bhairav Nath Dasoundhi. Anupama Devi and Bhairav Nath Dasoundhi had spent four years of marital life and no case was ever lodged regarding some dispute between them. He had not seen any document in proof of the SIM which was given to Rupa Devi by Bhairav Nath Dasoundhi.
P.W.-6 Gudiya Devi is the wife of PW-5 who has stated about her sister-in-law, informing her about the murders committed by Bhairav Nath Dasoundhi at which she and her husband had left Hazaribag and on reaching the place of occurrence, they had seen a large crowd gathered. On going inside, she had seen the dead bodies of Anupama Devi and her two children. The photo copy of Aadhaar Card of Anupama Devi was found in which it has been written that after committing the murders, they have abducted Bhairav Nath Dasoundhi. The letter was in the handwriting of Bhairav Nath Dasoundhi. At the time of Durga Puja in the year 2017, she had gone to the house of her sister-in-law Sanyukta Devi and she had met Anupama Devi who had disclosed that her husband was having an affair with Rupa Devi and that Bhairav Nath has gifted a mobile to Rupa Devi with a SIM which is in his name. When she came back home, she had a telephonic conversation with Bhairav Nath Dasoundhi who had denied about such affair, but when Rupa Devi was called, she had threatened to remove any obstacle which comes in the way of Rupa Devi and Bhairav Nath Dasoundhi. Anupama Devi had disclosed to her that her husband and parents-in-law used to assault her and threatened her not to disclose about the affair to anyone.
In cross examination she has deposed that her house is at a distance of 140 kms. from the place of occurrence. She had come to know from the neighbours that at the time of the incident, Rupa Devi was in the house of
6|Page Bhairav Nath Dasoundhi. No Panchayati was held with respect to such illicit relationship. She had not stated before the police about Sanyukta Devi, disclosing about seeing Bhairav Nath and Rupa Devi on a motorcycle. When he had rushed to the place of occurrence, Rajendra Pd. Dasoundhi and Gayatri Devi were present in the house and police had not arrested them.
P.W.-7 Suchitra Devi is the mother of the deceased Anupama Devi, who has stated that Rajendra Dasoundhi had called her husband on phone and had disclosed that Bhairav Nath Dasoundhi has committed the murder of his wife and two children and had fled away. On getting such news, she and her husband reached the place of occurrence, where a crowd had already gathered and on entering inside the room, she could see all the dead bodies. One Aadhaar Card was also found in which it was written that after committing the murders of his family, he had been kidnapped by some miscreants. The handwriting was of Bhairav Nath Dasoundhi. The marriage of her daughter Anupama Devi was solemnized with Bhairav Nath in the year 2013 and after a few days of her marriage, her daughter used to disclose about the illicit relationship between Bhairav and Rupa Devi. Her son-in-law always used to demand money and sometimes, money was sent to him by her by taking loan.
In cross examination she has deposed that from 2013 to 2017, there was a cordial relationship between Bhairav Nath Dasoundhi and Anupama Devi. After the postmortem was done, the last rite was performed by the father-in-law of Anupama Devi. Both Rajendra Pd. Dasoundhi and his wife are aged about 60 years. Her daughter Anupama had disclosed to her about illicit relationship between Bhairav Nath Dasoundhi and Rupa Devi.
P.W.-8 Rajendra Rai is the informant and the father of the deceased Anupama Devi who has stated that on 4.10.2017at 6 p.m. Rajendra Pd. Dasoundhi had called him over phone and disclosed that Bhairav Nath Dasoundhi had committed the murder of his wife and children and had fled away. At this information, he along with his wife and other relatives went to the matrimonial house of his daughter at Dhanbad, where they saw a crowd having assembled. On entering inside, he had found the dead bodies of his daughter and grandchildren. In the photo copy of an Aadhaar Card,
7|Page it was written in red ink about demand of ransom of Rs. 2 Lakhs for getting Bhairav Nath Dasoundhi released. The same was written by Bhairav Nath Dasoundhi. He has stated that Bhairav Nath Dasoundhi had an illicit relationship with Rupa Devi which was objected by his daughter and this was the reason for the torture committed upon Anupama Devi by Bhairav Nath Dasoundhi. He has proved his signature on the written report which has been marked as Ext. 1. The police had seized the mobile of Bhairav Nath Dasoundhi, a piece of cake and the photo copy of the Aadhaar Card and had prepared a seizure list. He has stated that on 3.10.2017, his daughter had called him up at around 10.30-11 a.m. and had a conversation with him for 3-4 minutes in which she had complained about having a quarrel with Rupa Devi and she had asked him to try and make Bhairav Nath Dasoundhi understand and leave Rupa Devi. He had also called up Bhairav Nath Dasoundhi and had tried to make him understand of leaving Rupa Devi.
In cross examination he has deposed that he had not witnessed the murders. The final rituals were carried out by him. His daughter had disclosed to him about the illicit relationship between Bhairav Nath Dasoundhi and Rupa Devi.
P.W. 9 Sona Ram Mahato has stated that on 31.0.2017, he was in his rented house and apart from him Bhairav Nath Dasoundhi, Santosh and Sanjay were the tenants of Kishor Pandey. He heard some commotion in the house of Bhairav Nath Dasoundhi at 5 a.m. and when he went down stairs, he had found a crowd having already gathered. He had seen inside the house the dead bodies of Anupama Devi and her two children. He had heard that Bhairav Nath Dasoundhi had an illicit relationship with Rupa Devi and this was the reason why the murders were committed by Bhairav Nath Dasoundhi along with his parents and Rupa Devi. The police had recovered from the place of occurrence a cake and an empty bottle of sulphas for which a seizure list was prepared. He has proved his signature on the seizure list which has been marked as Ext. 2.
In cross examination he has deposed that he had heard about the illicit relationship between Bhairav Nath Dasoundhi and Rupa Devi. He did not know Rupa Devi. He had not witnessed the incident.
8|Page P.W. 10 Praveen Kumar was posted as an Officer-in-Charge of Bhuli P.S. who on the orders of his superior authority had gone to the place of occurrence at Bada Jamua. He had seen three dead bodies lying in a pool of blood. He had collected the sample of blood and handed over the sealed envelop containing the sample to the Sub Inspector Birendra Minz.
In cross examination he has deposed that he has not made any investigation in the case.
P.W. 11 Dr. J. Shrinivas Rao was posted as an Assistant Professor, Department of FMT, PMCH, Dhanbad and on 04.10.2017 he had conducted autopsy on the dead body of Anupama Devi and had found the following:
On examination:-
The built was average, semi dark complexion having long black scalp hair, both eyes and mouth closed.
Frothy discharge from mouth and nostrils. Abdomen was distended. Genitalia was normal.
Rigor mortis present over jaw, upper limbs and lower limbs. Ligature mark :- thin ligature mark present over middle part of neck- encircling the whole neck.
Scratch ab rasion:- 1/4" x 1/6" present over right from middle of the neck. On dissection of neck underlying subcutaneous tissues, soft tissues of trachea and larynx-contused.
On dissection of head- scalp normal, skull no bony injury seen, brain congested.
On dissection of chest and abdomen-lungs- right and left congested. Stomach- contained about 150 gms semi digested food containing rice The cause of death was opined to be due to asphyxia as a result of strangulation by ligature.
On the same day, he had conducted autopsy on the dead body of Aabha Kumari and had found the following:
On examination:-
The built was average, semi dark complexion having black scalp hair. Both eyes and mouth were partially open. Bleeding from neck,
9|Page staining neck and face. Genitalia was normal. Rigor mortis- present all over the body.
Injury:-
External:- incised wound size 3" x 1" (wide) x cervical vertebra deep present over lower part of neck extending from left side of the neck 2" below left mastoid to right side of the neck upto from 2" below right mastoid.
Internal injury:- incised cut of skin, muscles, blood vessel, trachea, larynx, food pipe and incised cut in between 4th and 5th cervical vertebra.
On dissection of head-Scalp - normal, skull - no bony injury, brain- pale.
On dissection of chest and abdomen-Lungs-right and left pale. Stomach- contained about 50 gms pasty material. Mucosa- pale, viscera preserved.
All the injuries were antemortem in nature caused by sharp cutting weapon. The cause of death was opined to be due to haemorrhage and shock.
He had also conducted autopsy on the same day upon Abhay Kumar and had found the following:
On examination:- The built was average, fair complexion, having small black scalp hair. Face, neck chest- blood stained. Bleeding from neck. Genitalia was normal. Rigor mortis- present all over the body. External Injuries:- Incised wound - size 5" x 1" x cervical vertebra deep- present over middle part of neck, extending from left side of neck 1" below left mastoid to upto right side of the neck at 2" right mastoid. On dissection of neck: Incised cut of skin of front of neck muscles, blood vessels, traches, larynx, food pipe and incised cut of 2nd and 3rd vertebra. On dissection of head, chest and abdomen- Lungs - right and left- pale, Scalp-normal, skull-no bony injury seen, brain-pale. Stomach- contained about 25 gms pasty material, mucosa pale, viscera preserved.
10 | P a g e The cause of death was opined to be due to haemorrhage and shock.
The postmortem reports have been proved and marked as Exts. 2, 2/1 and 2/2 respectively.
P.W. 12 Dinesh Kumar was posted as an Officer-in-Charge of Barwadda P.S. and on 4.10.2017 Rajendra Rai had come to the Police Station and had submitted a written report. After registering a case he had taken over investigation of the same. He has proved the endorsement on the written report which has been marked as Ext. 1/1. The formal F.I.R. has been proved and marked as Ext. 3. After taking over investigation, he had inspected the place of occurrence, which is the pucca house of Vishnu Pandey at Bada Jamda. The bedroom of Bhairav Nath Dasoundhi is situated adjacent to the kitchen where in the bed, the dead bodies of Anupama Devi and her two children were found lying. There was blood found on the bed. He had seized the photo copy of Aadhaar Card of Anupama Devi, wherein it was written in red ink that the son of Rajendra Dasoundhi has been abducted and a ransom of Rs. 2 Lakhs was demanded as well as a phonix mobile and the seizure list has been proved and marked as Ext. 4. The seized photo copy of the Aadhaar Card had been sent for forensic examination to Kolkata. The seized mobile was produced in Court which has been marked as Material Ext. I. The seizure list of blood samples of Aabha Kumar and Abhay Kumar had been proved and marked as Ext. 5. The blood samples had been proved in Court and marked as Material Exts. II and II/1. The inquest reports have been proved and marked as Exts. 6, 6/1 and 6/2. The dead bodies were sent for postmortem examination. He had recorded the statements of the witnesses Abhishek Kumar Rai, Suchitra Devi, Satyendra Kumar Rai. Gudiya Devi, Basant Kumar Rai, Sanyukta Devi and Vivek Rai. He had received the autopsy report of all the three deceased. He had also recorded the statements of Mamta Devi, Vijay Sharma and Sona Ram who all have supported the case of the prosecution. He had obtained the call details report from which it could be ascertained that one day prior to the incident and on the date of the incident there was a regular conversation between Bhairav Nath Dasoundhi and Rupa Devi. The tower location of the mobile of Bhairav Nath Dasoundhi on the date of occurrence was found 11 | P a g e near the place of occurrence. He had prepared a seizure list of an empty bottle of sulphas and a piece of cake kept in the kitchen. The seizure list has been proved and marked as Ext. 7. The empty bottle of suphas and the piece of cake have been produced in Court which have been marked as Material Ext. III/1 and III/2. He had thereafter gone to a mobile shop situated at Birsa Chowk from where on 4.10.2017 Bhairav Nath Dasoundhi had purchased a mobile. The receipt was seized and a seizure list was prepared which has been proved and marked as Ext. 7/1. A carbon copy of the receipt has been marked as Material Ext. IV/1. He had thereafter recorded the statement of Sunil Jain, the owner of the mobile shop. The accused Bhairav Nath Dasoundhi was arrested near BGH, Bokaro and a mobile and a receipt in which it was written in red ink admitting to the murders were seized and the seizure list has been proved and marked as Ext. 7/2. On the pointing out of Bhairav Nath Dasoundhi, a Chinese mobile was recovered and a seizure list was prepared which has been marked Ext. 7/3. The mobiles were produced in Court which have been marked as Material Ext. VI and VI/1. On the confessional statement of Bhairav Nath Dasoundhi, the knife used in the murder was recovered. The seizure list of the knife was proved and marked as Ext. 8. The confessional statement of Bhairav Nath Dasoundhi has been proved and marked as Ext. 8/1. On the confessional statement of Bhairav Nath Dasoundhi, Rupa Devi was arrested and from her possession a mobile was recovered which was seized and a seizure list was prepared which has been marked as Ext. 9. The mobile was produced in Court which has been marked as Material Ext. VIII/1. The CDR has been proved and marked as Ext. 10. The report of the FSL has been proved and marked as Ext. 11, 11/1 and 11/2. On completion of investigation, charge sheet was submitted.
In cross examination he has deposed that none of the witnesses had disclosed to him about Rupa Devi having been at the place of occurrence at the time of the incident. No Panchayati was convened, nor any case instituted regarding the illicit relationship between Bhairav Nath Dasoundhi and Rupa Devi. When he had reached the place of occurrence, Rajendra Pd. Dasoundhi, Gayatri Devi and 25-30 villagers were present. He 12 | P a g e had not recorded the statement Rajendra Dasoundhi and Gayatri Devi. He had also not recorded the statements of Vishnu Pandey, the owner of the house where Bhairav Nath Dasoundhi and his family members were residing as tenants.
In examination on recall, he has proved the envelop in which the report of CFSL, Kolkata were received, which have marked as Ext. 12, 12/1, 12/2 and 12/3. The letter found at the place of occurrence which was as per witnesses in the handwriting of Bhairav Nath has been proved and marked as Ext. 13 and the letter produced by Bhairav Nath Dasoundhi has been proved and marked as Ext. 14. The reports received from CFSL, Kolkata has been marked as Ext. 15, 15/1 and 15/2.
P.W. 13 Surendra Bedia was posted as a Judicial Magistrate in Dhanbad and on 10.04.2018 in terms of the order of the Chief Judicial Magistrate, he had gone to the jail to collect the sample of the handwriting and signature of Bhairav Nath Dasoundhi. He had collected the sample comprising in 11 pages. He has proved his signature on the samples which have been marked as Ext. 16 to 16/10.
In cross examination he has deposed that he had not taken the samples in the presence of the Jail Superintendent.
P.W. 14 Lakhwinder Singh has stated that on 4.10.2017 at 6 a.m., the father of Bhairav Nath Dasoundhi had called him over phone and disclosed that Bhairav Nath Dasoundhi has committed the murder of his wife and children. He has a Lorry Broker Transport business at Barwadda, where Bhairav Nath Dasoundhi was working as a Munshi for the last 11 years. On receiving such information, he had gone to the house of Bhairav Nath Dasoundhi and had seen the dead bodies of Anupama Devi and her two children. It has been stated that on 3.10.2017 it was the birth day of the son of Bhairav Nath Dasoundhi. He was invited in all the functions held in the house of Bhairav Nath Dasoundhi, but on 3.10.2017 he was not invited. Bhairav Nath used to regularly converse with his sister-in-law Rupa Devi over phone for which he had on a few occasions reprimanded Bhairav Nath Dasoundhi. He has further stated that on 3.10.2017, Bhairav Nath Dasoundhi had used his ATM Pin and got transferred Rs. 50,000/- in his 13 | P a g e account. When he came to know about such transfer without his knowledge, he had given a complaint to the police.
In cross examination he has deposed that he does not know Rupa Devi. Rupa Devi is the cousin sister-in-law of Bhairav Nath Dasoundhi who stayed at her parent's place. He has not seen Rupa at the house of Bhairav Nath or with Bhairav Nath.
5. The statements of the accused were recorded under Section 313 Cr.P.C. in which they have denied their complicity in the commission of the murders.
6. It has been submitted by Mr. A. K. Kashyap, learned senior counsel appearing for the appellant Rupa Devi in Criminal Appeal (DB) No. 623 of 2019 that the appellant has been convicted on the presumption that she was a conspirator in the murders as she was having an illicit affair with Bhairav Nath Dasoundhi. The appellant is the sister-in-law of the Bhairav Nath Dasoundhi and merely on account of some conversation between them over mobile it cannot be presumed that the appellant was also involved in the gruesome of murders of three persons.
7. Mr. Vishal Kumar Tiwari, learned counsel for the appellants Rajendra Prasad Dasoundhi and Gayatri Devi in Criminal Appeal (DB) No. 627 of 2019 has submitted that they were present all along in the house and as per the prosecution case no role has been assigned to them. It is clear from their evidence that all the murders were planned, designed and executed in a gruesome manner by Bhairav Nath Dasoundhi.
8. Mr. Ravi Prakash, learned Spl.PP in Criminal Appeal (DB) No. 623 of 2019 and Mrs. Vandana Bharti, learned APP in Criminal Appeal (DB) No. 627 of 2019 have submitted that the evidence of the witnesses clearly points to the involvement of the appellants in assisting Bhairav Nath Dasoundhi in committing the murders.
9. We have heard the learned counsel for the respective parties and have also perused the trial court records.
10. The written report of the father of the deceased Anupama Devi reveals about the cause of murders on account of the persistent demand of dowry made by Bhairav Nath Dasoundhi and his parents and the illicit 14 | P a g e relationship Bhairav Nath Dasoundhi was having with Rupa Devi. However, in course of trial no such insinuation was cast by any of the witnesses against the appellants Rajendra Pd. Dasoundhi and Gayatri Devi. Only PW-1 has stated about the demand of Rs. 10-12 thousand made and that too by Bhairav Nath Dasoundhi. The allegation therefore of the demand of dowry made by Rajendra Pd. Dasoundhi and Gayatri Devi as enumerated in the written report has been eradicated in view of the evidence of the witnesses. The other imputation which has been cast against these two appellants are of conspiring to eliminate their daughter-in-law and grand children. Such allegation has been fastened only on account of the fact that the appellants are the parents-in-law of the deceased Anupama Devi and were also present in the house when the murders had taken place. Such imputation seems to be farfetched and without any basis. Nothing has been highlighted by the prosecution that there has been a meeting of minds with Bhairav Nath Dasoundhi or an intent to eliminate the daughter-in-law and grandchildren of the appellants Rajendra Pd. Dasoundhi and Gayatri Devi. In fact as per the evidence of PW-8 (informant) and PW-7 (mother of the deceased Anupama Devi) it was the appellant Rajendra Pd. Dasoundhi who had called PW-8 and informed him that Bhairav Nath Dasoundhi had committed the murders. PW-12 (I.O.) has stated that immediately Rajendra Pd. Dasoundhi and Gayatri Devi were not arrested, but were arrested when there came up some materials against them. Nothing of substance seems to have surfaced by dint of which, the involvement of Rajendra Pd. Dasoundhi and Gayatri Devi could be ascertained. The innocence of these appellants is further strengthened by the evidence against Bhairav Nath Dasoundhi as the prosecution has been in successful in completing the chain of circumstances which reveals about the grotesque and diabolical nature of the murders and the obnoxious mind of the said accused in planning and executing the murders and generating an alibi of being abducted by planting a hand written note authored by himself. In the trial court judgment, the circumstances against these two appellants find place at Para- 32 and Sub Para (v) relates to the presence of these appellants in the house where the murders had taken place. No other incriminating circumstance 15 | P a g e has been cited by the learned trial court. It further appears that it was the appellant Rajendra Pd. Dasoundhi who had performed the last rituals of his daughter-in-law. When we peruse the evidence of PW-12 (IO) it becomes clear that the murder had taken place in the bedroom of Bhairav Nath Dasoundhi, which is adjacent to the kitchen. No circumstance has been put forward by the prosecution indicating an iota of involvement in the commission of murders by the present appellants.
11. On consideration of the circumstances noted above, it is abundantly clear that the prosecution has failed to prove its case against the appellant Rajendra Prasad Dasoundhi and Gayatri Devi and consequently we allow Criminal Appeal (DB) No. 627 of 2019.
12. So far as the appellant Rupa Devi in Criminal Appeal (DB) No. 623 of 2019 is concerned, her illicit affair with Bhairav Nath Dasoundhi has been the focal point of her conviction. The call details showed frequent conversation between Rupa Devi and Bhairav Nath Dasoundhi on the date of occurrence as well as on the previous date and the mobile in possession of Rupa Devi was gifted by Bhairav Nath Dasoundhi apart from the SIM which was in his name. Rupa Devi is the sister-in-law of Bhairav Nath Dasoundhi who stays at a different place and gifting a mobile or conversing with Bhairav Nath Dasoundhi cannot by any stretch of imagination be said to have an angle of conspiracy designed to eliminate the wife and children of Bhairav Nath Dasoundhi. None of the witnesses had seen them together save and except PW-2 who had seen them in the market place together on the date of occurrence. The prosecution has failed to prove any element of conspiracy attributed to the appellant Rupa Devi. As we have noted above, the acts of violence were solely executed by Bhairav Nath Dasoundhi and here also the prosecution has failed to prove its case beyond any reasonable doubt so far as the appellant Rupa Devi is concerned.
13. We, therefore, come to a conclusion that the learned trial court has committed an error in convicting the appellants in Criminal Appeal (DB) No. 627 of 2019 and Criminal Appeal (DB) No. 623 of 2019 for the offence u/s 302/120B I.P.C. and consequently, we set aside the judgment and order of conviction and sentence dated 10.05.2019 (sentence passed on 24.05.2019) 16 | P a g e passed by Smt. Sanjeeta Srivastava, learned Additional Sessions Judge-XVI, Dhanbad in Sessions Trial No. 183 of 2018 as far as these appellants are concerned.
14. Both these appeals are allowed. Since the appellants are in custody, they are directed to be released immediately and forthwith, if not wanted in any other case.
(RONGON MUKHOPADHYAY,J.) (SANJAY PRASAD, J.) Jharkhand High Court, Ranchi Dated the 05th August, 2025 MK/N.A.F.R. 17 | P a g e