BIJOY URAON PHAGU ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Bijoy Uraon @ Phagu Uraon has been convicted by the Addl. Judicial Commissioner of Khunti under Section 304. - B of the Indian Penal Code for committing dowry death and is sentenced to undergo rigorous imprisonment for ten years. Hence this appeal under Section 374(2) of the Code of Criminal Procedure.

(2.) THE prosecution case is that the appellant a resident of village Nehalgara within Bundu police station in the district of Ranchi was marded to Blehar Oraon, daughter of late Jhirea Oraon of village Damaru within the same police station in or about year, 1991 and, thereafter, was residing with his wife at the matrimonial home separate from his parents and brothers. At the time of the marriage, the appellant had demanded a bicycle from his in -laws, but the same could not be given. Consequently, the appellant used to subject the wife with cruelty in consequence of non -fulfilment of the said demand of dowry, which was even repeated several times after his marriage. The appellant also used to harass and torture his wife Bichar Oraon because she had failed to bear his any child during the wed -lock. The wife of the appellant used to make complaint in this regard to her mother, brother and sister -in -law. On 2. -4 -1995, the mother -in -law of the appellant namely PWI Ganga Devi happened to reach the house of the appellant while returning home from the place of the in -laws of her son Gula Oraon, the first informant. To her utter surprise, she found the house of the appellant locked from outside. The appellant was present there. When she enquired about her daughter, the appellant gave different explanations. Consequently, she got suspicious and returned home. Reaching home, she made public her suspicion to her son and others who went to village Nehalgara and found the house locked. On demand, the appellant who was son present there declined to hand over the key thereof and on some pretext went away. Consequently, the first informant entered inside the house through a window and found that his sister Bichar Orain was hanging inside the room with a rope tied around her neck and its other end fastened with the beam of the roof. The police was informed and a First Information Report was lodged (Ext. 2) on the same day. The police arrived there, held inquest on the dead -body and sent the same for post -mortem. On postmortem, it was found that the deceased wife of the appellant had died of strangulation due to hanging. Consequently, the appellant was charged with commission of offence of dowry death punishable under Section 304 -B of the Indian Penal Code.

(3.) TO prove the charge, the prosecution examined six witnesses including a formal one. The appellant also examined a witness in support of his defence. On consideration of the evidence adduced by the prosecution as well as by the defence, the learned Addl. Judicial Commissioner did not accept the plea of alibi taken by the appellant. The learned Addl. Judicial Commissioner has found on evidence that the appellant had been making demand of a bicycle by way of dowry from his in -laws and the deceased -wife and consequent to non -fulfilment of the demand, he used to torture her. The death of the deceased wife of the appellant having taken place within seven years of the marriage in abnormal or unnatural circumstances, the appellant has been held guilty of committing dowry death. Accordingly, he has been convicted and sentenced as indicated above.