KRISHNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- All the three appellants have been convicted under Ss. 304B, 498A and 201 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. They have been sentenced to undergo ten years under S. 304B of the Indian Penal Code. They have been further sentenced to undergo rigorous imprisonment for two years under S. 498A of the Indian Penal Code. No separate sentence has been passed against the appellants under S.201 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. However, all the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that Lakshmi Devi, the daughter of Bashishtha Singh of village- Bandha P.S. Bihia. District-Bhojpur was married to appellant Krishna Singh, son of appellant Nand Kishore Singh on 29-4-1992. It has been alleged that the father of the deceased, Lakshmi Devi, performed the marriage and gave articles according to his means. The accused persons, namely, Krishna Singh and his father was demanding motor cycle from the father of the Lakshmi Devi at the time of marriage but due to pursuance of villagers they became pacified and marriage was performed. It is further alleged that the second marriage (Gauna) of Lakshmi Devi was performed on 16-12-1993 and at that time also appellant Krishna Singh was insisting for motor cycle from Basishtha Singh. Deceased Lakshmi Devi went to her Sasural on Gauna at her Sasural, the appellants began to torture her for the motor cycle. The brother of Lakshmi Devi namely, Bhola Singh had gone to enquire about the welfare of Lakshmi Devi at her Sasural on the occasion of Makar Sankranti and after returning to his house Bhola singh told her father Basishtha Singh that Krishna Singh and his parents used to torture the deceased Lakshmi Devi for motor cycle and they also used to humiliate her and got her food stopped, as so deceased Lakshmi Devi had become very weak. Then Basishtha Singh himself went to the house of appellant Krishna Singh to meet his daughter deceased Lakshmi Devi, but he was not allowed to meet his daughter Lakshmi Devi and they humiliated him and told that so long as motor cycle would not be delivered to them in dowry Lakshmi Devi would not be allowed to meet him. Bashishta Singh moved in the village but no one came to help him due to fear of the appellants. It is further alleged that on the occasion of Dashhara the elder brother (Girija Singh) of Bashishta Singh had gone to meet deceased Lakshmi Devi then Lakshmi Devi had narrated her miseries to him. She had also shown marks of injury on her person to Girija Singh. Girija Singh returned back to his house and told his brother Bashishtha Singh about the torture and misery meted out to deceased Lakshmi Devi. Thereafter on 5-1-1995 Bashishta Singh went to house of appellant Krishna Singh to pay the price of a motor cycle so that his daughter would not be further harassed, humiliated and oppressed but after reaching the house of appellant he came to know that his daughter was no more and she was murdered by Krishna Singh and his parents and the dead body of deceased Lakshmi Devi was also disposed of. He has further asserted that his house was only at the distance of 3 K.M. from the house of appellant but the information of the death of Lakshmi Devi was not given to his house by the appellants. He has further stated that on enquiry he came to know that his daughter was burnt by the appellants due to non-fulfilment of demand of their dowry of motor cycle. Bashishtha Singh after returning from the house of the appellants got a written report prepared and filed it to the local police at Jagdishpur on the basis of the F.I.R. was instituted. After completion of investigation charge sheet was submitted. Thereafter cognizance was taken and the trial concluded with the result as stated above.

(3.) The defence of the appellants is the denial of the entire occurrence as alleged by the prosecution. The further case of the appellants is that there was very cordial relation in between Krishna Singh and his wife Lakshmi Devi. According to the defence version Lakshmi Devi was preparing food on stove and her sari fire came in contact with the fire as a result of which the clothes of Lakshmi Devi caught fire and she was burnt. It is further alleged that the informant has filed this case falsely in order to harass and humiliate the appellants.