RAMCHANDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.7.2009 passed by Sri Kanta Prasad, learned Addl. Sessions Judge, Fast Track Court-1, Motihari in Sessions Case No.611 of 1996 arising out of Govindganj P. S. Case No.47 of 1996, G.R. No.516 of 1996 whereby he has convicted the appellant under Section 304B and 201 of the I.P.C., sentenced to undergo R.I. for 10 years and three years respectively and to run both the sentences concurrently.

(2.) Heard learned counsel for the appellant Mr.Ajay Mishra, Amicus Curiae and learned counsel for the State Mr. D. K. Sinha, A.P.P.

(3.) Fard-bayan of PW-4 has been made basis for F.I.R. which in short is that informant s daughter was married with this appellant in the month of February, 1992 according to Hindu rites and rituals. After the marriage, this appellant, his father Jhapas Sharma, mother Urmila Devi, elder brother Shiv Shankar Sharma and brothers of husand s father Megha Sharma and Shambhu Sharma started to demand Rs.10,000/- (ten thousand) cash, colour television, table fan, watch etc. Assurance was given by the informant to fulfill the demand on becoming of circumstance favourable, but they continued to abuse and torture. She was pregnant of six months, coming to know that his daughter was ousted from the house after assault, informant took her to his house. On request and assurance not to torture, accused persons were allowed to take her to matrimonial home, but again they started to demand and ultimately killed her after throttling and disappeared of the dead body after burning the same. This much was informed by Sanjeet Sharma that on noise, he had gone her matrimonial home, watched the incident and opposed also.