MOHD. HAFIZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 17 -1 -1996 passed by the 2nd Additional Sessions Judge, Bhojpur at Arrah in Sessions Trial No. 288 of 1992 convicting the appellants under Sections 304 -B/34 of the IPC and sentenced each to them to undergo RI for 10 years. They have been further found guilty under Sections 498 -A/34 of the IPC and sentenced to undergo RI for the three years under Section 4 of the Dowry Prohibition Act and sentenced to undergo RI for two years. All the sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that in his fardbeyan lodged with Arrah Town Police Station on 4 -6 -1991 at 21.15 hours. Md. Ajaruddin, the father of the victim girl alleged therein that on receipt of the information that his daughter Simi aged about 18 years has been burnt to death in her sasural, he rushed to her sasural and found his, daughter dead. It is further case of the prosecution that informant's daughter was married to appellant No. 1 Md. Hafiz only, one and half months prior to the occurrence. Right from the date of marriage, there was a demand of golden ring in dowry by his son -in -law and his brother Gorakh (appellant No. 2 and their mother Jahuddi (appellant No. 3) It is further case of the prosecution that informant gave golden ring twice to his son -in -law but he returned back both the rings pointing that it were defective and made another demand of a golden ring. The informant's daughter complained to him that she has been regularly tortured in her sasural as the demand of golden ring has not been fulfilled by him. The informant had assured his son -in -law to give the golden ring in near future but it did not satisfy him. The deceased lady has informed her father that she apprehends the danger of her life and requested him to take back from her sasural.

(3.) THE defence of the accused appellants is that they have been falsely implicated in this case. They have not made demand of golden ring or any dowry or they tortured the deceased. She died due to accidental fire while cooking.