ALOK KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prosecution case initiated on Fardbeyan of Kanhaiya Choubey, witness no. 5 in brief is that his niece Sita Devi was married three years ago with this appellant with Hindu rites and rituals. Gauna was solemnized one and half years ago. Sufficient gift was given at the occasion of marriage but after some days of Bidai, a demand started to be made followed by mental and physical cruelty. This much of the fact was told by the deceased to her parents and other family members when she came to her parents. Informant alongwith his brother went to village of the appellant and made some request but that was refused rather they remained constant on their demand, two months earlier to the incident Rs. 15,000/- was given when she (deceased) was again sent to her in-laws' house on 25.8.2004. He (P.W. 5) received information about killing of her niece by this appellant. Informant and others went to matrimonial home of the deceased where she was found dead on a Plung with injury of firearm on her temporal region, blood was there on the bed. All the male members of the family were absent. Appellant's mother Shanti Devi told them about killing by this appellant. After concluding the trial, the case ended in conviction and sentence to the appellant for the offence under Section 304B/34 IPC and Section 27 of the Arms Act, by passing the impugned judgment and order validity of which has been questioned by filing this appeal.

(2.) In all 11 witnesses are examined in the case on behalf of prosecution and they are Ram Dayal Dubey P.W. 1 a formal witness, Umashankar Chaubey P.W. 2, Amit Kumar Chaubey P.W. 3, Dil Kumar Chaubey P.W. 4, Kanhaiya Chaubey P.W.5 informant, Dr. Anil Kumar Singh P.W. 6, Shanti Devi P.W. 7, Suman Devi P.W. 8, Md. Nafis Ahmad P.W. 9, I.O. of the case, Madan Chaubey P.Ws. 10 and 11. Some documents are also exhibited in the case. Exhibit-1 is formal F.I.R., Exhibit-2 is signature of Kanhaiya Chaubey on Fardbeyan, Exhibit-3 is post mortem report, Exhibit-4 is Inquest Report, Exhibit- 5 is Fardbeyan and Exhibit-5/1 is endorsement on Fardbeyan.

(3.) There is no eye witness of the case on the point of killing. Circumstance appeared and statement of witnesses if are sufficient to establish commitment of dowry death by this appellant is the only point to be considered if that is taken into consideration by the trial court also. Section 304B IPC defines dowry death: