ARUN KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole accused appellant challenges the High Court judgment dismissing the criminal appeal and confirming the judgment of conviction and sentence by the Sessions Judge.

(2.) The prosecution story is an extremely short conspectus. As many as three persons, being Sitaram Sharma, Gayatri Devi Sharma and Arun Kumar Sharma were tried for offences under Section 302 read with Section 34 IPC and alternatively, under Section 304B read with Section 34 and 498A, IPC. Sitaram Sharma is father, Gayatri Devi is the mother while Arun Kumar Sharma (appellant) is the son. The allegation against all the three was that they committed the murder of Sushma Devi, wife of Arun Kumar Sharma for dowry and also subjected her to cruelty on account of demand of dowry. The Trial Court acquitted Sitaram Sharma and his wife Gayatri Devi Sharma but convicted Arun Kumar Sharma of the substantive offence under Section 302, IPC.

(3.) On 17.06.1994, at about 9.30 p.m., a telephonic massage was received in Lakhisarai police station that a woman was murdered by strangulation. On that basis, an entry, vide Entry No. 516, was made in the police diary and the offence was registered. The police immediately went to the spot of occurrence and got a fardbayaan registered from one Leeladhar Pradhan, the father-in-law of the accused who was ultimately examined as PW-4. It was complained that his daughter Smt. Sushma Devi was married to the accused Arun Kumar Sharma about four years back and after the marriage Arun Kumar always used to demand a motorcycle and a colour television from his wife and also used to threaten her that if his demands were not fulfilled he would drive her out of the house. It was claimed that the deceased always used to complain about this to her parents. It was claimed that 8-9 months prior to the incident, on account of the scolding, harassment and demands of dowry, Panchayat was held and PW-4 had shown his inability to meet the demands made by the accused person. It was further claimed that at about 6 a.m. in the morning Anil Kumar Pradhan (PW- 1) who was none else but the brother of Sushma Devi and son of Leeladhar Pradhan (PW-4) went to his sister's house for giving some articles. He saw three accused persons holding the deceased and Arun Kumar strangulating the deceased and after some time she died. The said Anil Kumar, therefore, ran back to his house and informed Leeladhar Pradhan (PW-4) about the incident and immediately thereafter the parents as well as Arun Kumar went to the house of Sushma where she was lying dead.