WAJUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Section 304B IPC and sentenced to RI for 10 years by the 5th Additional Sessions Judge, Punria in S.Tr. No. 124 of 1993 by judgment dated 04.05.1994.

(2.) The case of the prosecution is that the daughter of the informant was married to the appellant Md. Mojahid about 2 -3 years ago and they used to demand for a TV set. On 19.07.1992 when the brothers of the deceased had gone to the house of the appellant, Md. Mojahid on the occasion of marriage the daughter of the appellant, Wajuddin they saw their sister was being assaulted by the accused persons inside the courtyard. When her bangles were broken she asked them to get new bangles upon which they went to the market. A little later when they returned the accused persons alleged that the sister had gone to her maternal home and when they proceeded towards that direction they found that the accused persons were assaulting her and bringing back. At this the informant went to inform his father. The further story is that when the father of the deceased came to the village he found his daughter dead. The appellants were charged under Section 302/34 IPC and 304B IPC but since there was no direct allegation against the appellants with regard to murder of the deceased they were acquitted of the charge and convicted under Section 304B IPC.

(3.) On going through the evidence of the witnesses it appears that at some point of time the deceased was found in the field where the accused persons were assaulting her. Sometime later the villagers heard that a dead body was lying in the filed and when they reached there they found a rope was hanging from the tree and the dead body of the deceased was there. One witness in particular stated that the appellant, Mojahid was asking for a bicycle to look for his wife. It appears from the cross -examination that in fact the deceased wanted to flee away from her in -laws house in course of which some scuffle took place and thereafter she was found dead. It has been submitted on behalf of the appellant that since there was no direct allegations against the appellants they were acquitted under Section 302 IPC. The further submission is that the Doctor stated that the death of the deceased was on account of hanging as supported by the objective witness that a rope has been found hanging on the tree and admittedly she had lost her life on account of asphyxia due to hanging. The next submission is that there is no cogent material in support of the fact that before her death there were demands of dowry and such an allegation is totally vague therefore the charge under Section 304B IPC is not sustainable.