LAWS(PAT)-2011-9-30

SOMESHWAR MISHRA Vs. STATE OF BIHAR

Decided On September 29, 2011
Someshwar Mishra, son of Saktinath Mishra, Smt. Gauri Devi, wife of Shri Sommeshwar Mishra, Both residents of village Sihaul, P.S. Bihra, district Saharsa Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the counsel for the Appellant and the State.

(2.) These two appeals are being heard together and disposed off by this common judgment as both arise out of same judgment passed by Shri Ramnath, Additional Sessions Judge, I, Saharsa, in Sessions Case No. 15 of 1991, by which he has convicted the Appellants Someshwar Mishra of Cr. Appeal (S.J.) No. 164 of 1995 and Pramod Mishra of Cr. Appeal (S.J.) No. 215 of 1995 for offence under Sections 3 and 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for six months and, further, convicted under Section 498A of the Penal Code and sentenced to undergo rigorous imprisonment for two years, further, convicted under Section 201 of the Penal Code and sentenced to undergo rigorous imprisonment for three years and has, further, convicted under Section 304B of the Penal Code and sentenced to undergo rigorous imprisonment for seven years. The Appellant, Gauri Devi, of Cr. Appeal (S.J.) No. 164 of 1995 has, further, been convicted under Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for six months and has, further, been convicted under Section 498A of the Penal Code and sentenced to undergo rigorous imprisonment for three years, however, it has been ordered that all the sentences, against the convicts, shall run concurrently.

(3.) The prosecution case is in three parts. The first part of the prosecution case is that Rani Devi, the deceased, was married with Pramod Kumar, Appellant, son of Someshwar Mishra (Appellant). After marriage, the deceased was blessed with two children before duragaman. After duragaman there was demand of Rs. 51,000/-. The deceased was subjected to cruelty for non-fulfillment of the demand of said Rs. 51,000/-. The deceased used to report about the demand to naiher people. About ten days prior to the occurrence victim, Rani Devi (deceased) ran over to naiher from sasural being vexed with the demand and subjecting cruelty. She disclosed about the subjecting cruelty for non-fulfillment of demand to her parents, like abuse and threat to kill for non-fulfillment of the demand. About 4-5 days prior to the occurrence, the victim, Rani Devi (deceased), further, sent to sasural after assurance and persuasion of Gaya Mishra, a sasural people.