SUNITA DEVI @ TUNIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of common judgment of conviction and sentence dated 14.03.2018 passed in Sessions Trial No. 98 of 2017 by learned 3rd Additional Sessions Judge, Katihar whereby both the appellants were found guilty for offence under Section 304B/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 10 years. Besides imprisonment, a fine of Rs.3000/- has been imposed against both the appellants and in default of payment of fine, 6 months rigorous imprisonment has been awarded.

(2.) The prosecution case is that Mr. Ajit Prasad Singh, the officer-in-charge of Korha Police Station (PW-7) was on patrolling duty in the evening of 28.04.2016. He got information that in village Musapur within Korha Police Station, a female had committed suicide by hanging herself. To verify the information, the police team including PW-7 reached village Musapur at the house of the appellants. A room was found closed and the back side window was open. PW-7 saw that a female was hanging with the ceiling fan. PW-7 informed to the senior police officer and called services of Circle Officer, Korha as local Magistrate and in presence of the public representatives, the door of the room was broken, the hanging body was brought down and an inquest report was prepared which is available as Ext.-5. Thereafter, father of the deceased, namely, Chandrashekhar Prasad (PW-10) was informed. In the next morning at 10:30 a.m. on 29.04.2016, PW-10 reached at the police station and gave his written report. On the basis whereof, Korha P.S. Case No. 84 of 2016 was registered under Section 304B/34 of the Indian Penal Code and after investigation, the police submitted chargesheet. Accordingly the appellants were put on trial.

(3.) The prosecution case as disclosed in the written report of PW-10 Chandrashekhar Prasad is that his daughter Suman Devi was married with appellant Sunny Sharma on 24.04.2015. According to capacity and freewill, gifts were given at the time of marriage. However, after few days, the daughter of the informant reported that appellant Sunny Sharma asked to demand Rs. 5 lacs from the informant for opening a dispensary and Rs. 4 lacs for a four wheeler. In due course, the daughter of the informant went to the house of the informant. Again on insistence of her in-laws, she came to her matrimonial house and for non-fulfillment of the aforesaid demand, all the family members committed dowry death on 28.04.2016. Another appellant is mother of appellant Sunny Sharma.