RAM BADAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are directed against the judgment of the High Court of Patna in Criminal Appeal No.64 of 2002.

(2.) Brief facts of this case are as follows: On 20th November 1993, at 4.30 p.m., the brother of the deceased Chandra Bhushan Chaudhary, PW2 filed a written complaint at the Police Station Chandi alleging that his sister Sanju Kumari (who was married in the year 1989) was poisoned by her husband Surya Kant Sharma, her father-in-law Ram Badan Sharma and mother-in-law Saraswati Devi. It was also alleged that at the time of marriage, Surya Kant Sharma, Ram Badan Sharma and Saraswati Devi demanded a colour TV, Yamaha motor-cycle and cash of Rs.20,000/-. The informant and his family could not fulfill their dowry demands. The customary Durgaman (second marriage) had taken place on 26.10.1993 and at that time, the same demands were repeated by the accused persons.

(3.) In the report, it was also mentioned that on 17.11.1993, brother-in-law of the deceased (sisters husband) Ramakant Chaudhary, PW1, visited Lodipur on the request of the deceaseds mother to meet the deceased. The accused persons told PW1 that no one would be permitted to meet Sanju Kumari unless their dowry demands are fulfilled by the parents of the deceased. On persuasion for sometime, he was permitted to meet Sanju Kumari. She wept before him and narrated that she was harassed and tortured by the accused persons for not getting motor-cycle, colour TV and Rs.20,000/- from her parents. On return from the house of the deceased, PW1 narrated to his mother-in-law and brother-in-law the entire story of harassment of the deceased on account of non-fulfilment of dowry demands. It is further stated in the report that only after a few hours, on the intervening night of 17th and 18th of November, poison was administered to the deceased in the Prasad and consequently she died.