BUTAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has arisen out of judgment and order dated 19-4-1997 and 23-4-1997 passed by Shri D. K. Sinha, Additional Sessions Judge, Hazaribagh in S. T. No. 82/93 by which the appellants have been convicted under S. 304B/34, I.P.C. and sentenced to undergo R. I. for 10 years. They are further convicted under S. 201/34, I.P.C. and sentenced to undergo R. I. for five years. However, both the sentences were ordered to run concurrently.

(2.) The case of the prosecution runs as follows. The Informant, Lutan Sao gave Fardbayan before the police claiming therein that his daughter, Hemanti Devi alias Budhni Devi was married to Chotan Sao about 4/5 years ago in accordance with Hindu rites and rituals. It is further alleged that the accused persons started demanding a sum of Rs. 2,000/- as dowry, though the Informant had already paid a sum of Rs. 8,000/- at the time of marriage. The Informant further claimed that he was informed that his daughter died at village Banka and on such information the informant along with witnesses rushed to the Sasural of his daughter in the village Banka and found his daughter died. He also found froth coming out from her mouth and there was also injury on her forehead and, therefore, the Informant had reason to believe that his daughter was done to death and thereafter thrown into the well by the appellants. There was a Panchayati also held earlier and the appellants assured in the said Panchayati to keep his daughter peacefully and with grace.On the basis of the Fardbayan, the F. I. R. was lodged against all the appellants for the offences under Ss. 304B/34 of the Indian Penal Code. The police investigated into the case and submitted chargesheet against all the appellants.

(3.) All the appellants produced before the trial Court and the charges for the offences under Ss. 304B/34 and 201/34 of the Indian Penal Code were framed, to which they pleaded not guilty. Witnesses were examined in the lower Court. After going through the evidence on record, the trial Court convicted the appellants and sentenced them to undergo imprisonment in the manner as stated above.