SUDAN GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has arisen out of judgment of conviction and order of sentence passed by Shri Satyendra Kumar Gupta. Sessions Judge at Bokaro in S.T. No. 662 of 1994/001 of 1995 whereby and where under the learned Sessions Judge convicted the appellants under Sections 304 - B and 498 -A of the Indian Penal Code and sentenced appellants to undergo rigorous imprisonment for a period of 10 years. No, separate sentence was passed for the offence under Section 498 -A. IPC.

(2.) THE short facts of the case as alleged are that one Mahadeo Gope submitted a written report before the police alleging therein that his elder daughter Chandana was married with Sudam Gope about five years ago. Chandana was educated lady while the son -in -law. Sudam Gope was not so educated and he' used to graze cattle for his livelihood and because of this fact, Chandana did not like to do the household work. It is further alleged that accused -persons appellants had assaulted his daughter and due to which Chandana also tried to commit suicide. It is further alleged that the informant and others tried the accused -persons and his daughter to make them understand and also pacified the dispute but even then the accused -persons subjected his daughter to torture. It is further alleged that on 10 -4 -1994 at about 10 a.m. the informant came to know that his daughter was ailing. The informant and others rushed to the spot but they found Chandan a dead and the villagers narrated before them that she was done to death by throttling. On the basis of the written report. FIR was - registered against the appellants. The police investigated into the case and submitted charge -sheet against the appellants. The appellants appeared before the trial Court and the charges under Sections 304 -B/201/ 498 -A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act were framed to which the accused persons pleaded not guilty.

(3.) AT the very outset it may be noted here that there is a specific allegation for committing murder of Chandana by throttling and this fact has been fully supported/established from the medical evidence as well. The doctor who held post -mortem (PW8) found anti -mortem injuries as being small bruise and scratch found on forehead and hand and lacerated wound on both hands. The doctor also found bleeding from nostril and according to the doctor throttling was sufficient in ordinary course of nature to cause death. He proved the post -mortem report. Ext. 2. The cause of death was due to asphyxia caused by anti -mortem throttling. He clearly stated in his cross -examination that in case of hanging signs of throttling do not appear and the injuries found on the person of the deceased were not possible by hanging.