JITENDRA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant- Jitendra Tiwary has challenged, herein, the judgment of conviction dtd. 31/10/2017 and order of sentence dtd. 1/11/2017 whereby the learned Sessions Judge, Vaishali has found the appellant guilty for offences under Ss. 304B and 201 IPC and has sentenced to undergo rigorous imprisonment for ten years for offence under Sec. 304B IPC and rigorous imprisonment of two years for offence under Sec. 201 IPC. The sentences have been ordered to run concurrently. The impugned judgment and sentences were passed in S.Tr.No.392 of 2015 arising out of Lalganj PS. Case No.87 of 2013.

(2.) The prosecution case, as disclosed in the Fardbeyan of P. W.7 Paras Nath Mishra, is that his daughter Nitu Kumari was married with the appellant in November, 2012. The victim went to her Sasural and after 2-3 months the named accused persons including the appellant started torturing even by physical assault for non-fulfillment of their demand for more dowry in the form of Colour T.V. and Gold Chain. The victim had telephonically informed to P.W.7 about the aforesaid act. Thereafter P.W.7 alongwith his wife Meena Devi (P.W.6) and other relatives went to village Kharauna of the appellant and requested the family members including to the appellant to not to torture the victim for non-fulfillment of dowry demand. However, the appellant and his mother insisted that until their demand is fulfilled, the torture would continue.

(3.) The First Information Report is Ext.-1 and on the basis whereof, the formal FIR of Lalganj P.S.CaseNo.87 of 2013was registered and the same is marked as Ext.3. After investigation, the police sent up the appellant for trial and investigation against others was kept pending.