BISUNI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under sections 304-B, 498-A and 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years, two years and one year respectively by the 1st Additional Sessions Judge, Samastipur, in Sessions Trial No. 184/88 of 1994/96 by judgment dated 30th July, 1997.

(2.) The prosecution case is that informant Ram Nandan Sharma married his daughter with appellant no.2 around 1988 during which time the appellant Bishuni Sharma, the father had demanded a motorcycle but he could not fulfill the said demand and promised that he would give it after marriage. When his daughter was living in the house of her in-laws, she was consistently tortured for motorcycle and, therefore, the informant was told about her condition. When the informant went to the house of the appellant about six months back, he apologised to the accused that he has not been able to arrange money for motorcycle and requested them not to torture his daughter. On 12.03.1993. he learnt that his daughter has been killed by her in-laws on the night of 10.03.1993 and they had disposed off her dead body. Thereafter, the present case was instituted and the appellants were put on trial.

(3.) During trial, the prosecution examined seven witnesses, out of whom, PW 1 Vijay Kumar has proved formal First Information Report (Ext.l), whereas, PW 2 Jogendra Prasad has proved the signature of the informant on Ext.2 and PW 4 Vishwanath Maho, also a formal witness has proved Ext.2 which is written report. PW 6 Shiv Nath Pd. Roy and PW 7 Sitaram Prasad are yet another two formal witnesses, out of whom, PW 6 proved the endorsement on the forwarding of the written report, whereas, PW 7 proved the case diary. PW 5 Ramnandan Sharma and his brother Bahadur Sharma (PW 3) are the only two material witnesses out of whom, PW 5 is the informant. The informant in his evidence before the Court has said that his daughter had been married to the appellant Ram Padarth Sharma in the year 1998, at which time a demand of motor cycle was made but the same could not be fulfilled and promises were made by the informant to fulfill the same at the later point in time. Further, his daughter was constantly tortured on account of non-fulfillment of the same and 5-6 months before the death of the deceased when he had gone to meet the in-laws, he requested them not to torture his daughter and also that he would arrange the money for motorcycle. However, on 12.03.1993, he leamt from Upendra Sharma that his daughter has been murdered by her in-laws and, so, he went and on enquiry leamt from the grand-daughter Mamta Kumari that the present two appellants had killed her mother. PW 3 Bahadur Sharma is the brother of the informant and has supported the case on the material particulars.