SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals are directed against judgment dated 11.12.2006 passed by the Presiding Officer of Fast Track Court No.I, Sheohar at Sitamarhi in Sessions Trial No.135 of 2005/182 of 2006. By the impugned judgment the appellants were convicted of offences under Sec. 304B Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act and after being heard on sentence on the same day each of the appellants was directed to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 1,000.00, else to suffer rigorous imprisonment for further period of six months for his individual conviction under Sec. 304B IPC. Each of the appellants was further directed to undergo rigorous imprisonment for six months each as also to pay a fine of Rs. 5,000.00, else to suffer rigorous imprisonment for three months their for conviction under Sec. 3 and 4 of the Dowry Prohibition Act. The sentences were directed to run concurrently.

(2.) It appears that a petition of complaint(Ext-2)was filed by P.W.12 Satish Kumar Singh on 01.05.2003 before the Chief Judicial Magistrate, Vaishali at Hajipur and a copy of the complaint petition was transmitted to the Officer-in- Charge of Raghopur police station and on that basis the FIR of Raghopur P.S.Case No.68 of 2003 under various Sections of the Indian Penal Code was drawn up. Subsequently, during the course of investigation, it was found that the place of occurrence was located within Tariani police station in the district of Sheohar and as such Tariani P.S.Case No.07 of 2004 was registered on 25.01.2004. The case was investigated into and, lastly, it resulted in submission of the charge sheet which ended into the impugned judgment.

(3.) It was stated in the complaint petition that Rinku Kumari, the sister of P.W.12 was married in the month of Baisakh 1989 to appellant Sanjay Singh. Cash of Rs. 51,000.00 along with some ornaments both of golden and silver as also some clothes were given to the bride and groom both at the time of the marriage whereafter the bride accompanied her husband up to her matrimonial house. It is stated that the deceased Rinku Kumari led a peaceful life for three continuous years and during that course the complainant used to visit the deceased off and on and he came to learn from the deceased that the appellants and other accused were asking her to bring a motorcycle from her mother.