SEIKH SALIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant Seikh Salim was charged of committing offence under Section 304B of the Indian Penal Code by the learned Additional Sessions Judge-I, Purnia in Sessions Trial No. 534 of 2000/4 of 2005 and by judgment dated 3.11.2006 was found guilty of committing that offence. After being heard on the sentence on 7.11.2006, the Appellant was directed to suffer rigorous imprisonment for ten years. The Appellant preferred the present appeal to question the above judgment of conviction and order of sentence passed against him by the learned Additional Sessions Judge-I, Purnia in the above noted case.

(2.) The informant of the case Md. Fazlu Rahman, the father of deceased Bibi Safina who was undisputedly married to the present Appellant five years prior to the occurrence, received an information through one Tahir( not examined) that his daughter had been murdered and, accordingly, he came to the house of the Appellant on 31.7.1998 to find that the dead body of his daughter was lying inside the house. The informant was accompanied by P. Ws. 2,3,4 and 6.

(3.) It was alleged that after coming to the house of the Appellant after her marriage, the deceased Bibi Safina was asked to bring dowry articles and non-fulfillment of the demand had resulted in her ill-treatment and torture by the accused persons so much so that she was driven out of the house to force her to lodged a complaint case under Section 498A, etc. of the Indian Penal Code. She was persuaded to go to her matrimonial house and again she was driven out of it but at that time a son in her lap was snatched from her. She remained in the house of P.W.7 for 2-3 months when a Panchayati was held and an undertaking was given by the accused persons which was written, as per the evidence of P.W. 1, by one Raghunath Bhagat and the lady was again sent back to her matrimonial house when she was killed.