Patna High Court - Orders
Basmati Devi vs The State Of Bihar on 4 July, 2022
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah, Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.342 of 2020
Arising Out of PS. Case No.-12 Year-2010 Thana- KASMA District- Aurangabad
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1. Basmati Devi, aged about 62 years, Female Wife of Indradeo Bharti.
2. Indradeo Bharti, aged about 65 years, Male, Son of Alakh Narayan Bharti.
Both are resident of Village - Dhami, P.S.- Kasma, District - Aurangabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shailesh Kumar Singh, Advocate with
Mr. Rajnish Ranjan, Advocate
For the Respondent/s : Dr. Mayanand Jha, APP
For the Informant : Mr. Umesh Kumar Verma, Advocate
Mr. Nagendra Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH)
3 04-07-2022Heard Mr. Shailesh Kumar Singh, learned counsel for the appellants; Dr. Mayanand Jha, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Umesh Kumar Verma, learned counsel for the informant.
2. The appellants are accused of offence punishable under Sections 302/34, 328 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
3. The allegation against the appellants is of causing death of the husband of the informant by administering poison Patna High Court CR. APP (DB) No.342 of 2020(3) dt.04-07-2022 2/4 to him.
4. Learned counsel for the appellants submitted that the accusation itself is unbelievable for the reason that the deceased was the own younger brother of the appellant no.1. It was submitted that it is the informant who is responsible for the death of her husband for the reason that about a year prior to the incident she has filed a complaint case against the deceased and all his family members, including the appellants, alleging demand of dowry and torture, which is still pending. It was submitted that even on the date of the occurrence, admittedly, the informant was in her maternal home from where she came upon hearing the news. Learned counsel submitted that the body of the deceased was found inside his house, where he was living after partition both in boarding and mess with the appellants, upon breaking the door open of the room in which the body was found. Learned counsel submitted that due to mental torture on the deceased when his repeated efforts to bring back the informant to the matrimonial home failed, he may have taken the extreme steps. Further, it was submitted that a theory has come during trial that because the father of the appellant no. 1 and father-in-law of the appellant no. 2 had gifted some land in favour of the appellant no. 2, they might have killed the Patna High Court CR. APP (DB) No.342 of 2020(3) dt.04-07-2022 3/4 deceased but, even this theory is disproved from the fact that if at all there was any grievance it would have been against the appellant no. 2 in whose favour the land was gifted and there was no occasion to kill the deceased. Learned counsel submitted that the appellants have been in custody for almost three years now.
5. Learned APP submitted that in the Forensic report, Aluminium Phosphate, commonly known as celphos, which is a pesticide has been found, which clearly indicates foul play.
6. Learned counsel for the informant submitted that the appellants have poisoned the deceased and cannot plead innocence.
7. Having considered the submission of learned counsel for the parties and taking into account the fact that the body of the deceased was recovered from inside his portion of the house and the door had to be broken open as also there being no reason for the appellants to take the extreme step and in the background of there being a complaint case lodged by the informant a year prior to the incident against the deceased and all other family members alleging demand of dowry, harassment and torture and there being unlikely chances of the appeal being Patna High Court CR. APP (DB) No.342 of 2020(3) dt.04-07-2022 4/4 heard at an early date, the Court is inclined to allow to prayer.
8. Accordingly, the sentence of the appellants namely Basmati Devi and Indradeo Bharti shall remain suspended and they are directed to be released on bail during pendency of the appeal upon furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-X, Civil Court, Aurangabad in S.T. No. 241 of 2010 / 20 of 2019 arising out of Kasma P.S. Case No. 12 of 2010. One of the bailors shall be a close relative of the appellants. Further, realization of the fine shall also be kept in abeyance.
(Ahsanuddin Amanullah, J) (Purnendu Singh, J) Anand Kr.
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