ANIL KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 304B of the Indian Penal Code and sentenced to rigorous imprisonment for life.

(2.) THE prosecution was set in motion on 8.6.94 on the fardbeyan of P.W. 8 Dukhan Manjhi, a village chaukidar, who stated that the appellant was married with Sudha Devi about six years ago. Their conjugal life was not cordial. In the preceding night he, along with family members poured Kerosne and set her on fire. The information about the incident was received at the police station at 5.55 A.M. on receipt of which the Investigating Officer of the case came to the village of occurrence, formally recorded the fardbeyan there at 10 A.M. The fardbeyan version was supported by father and uncle of the deceased, namely, Suresh Chandra Tiwary and Awadhesh Chandra Tiwary, who were examined as P. 2 and 3. In their evidence they stated that right since the time of marriage the appellant had been demanding dowry and on account of non -payment thereof he and other in -laws of the deceased used to torture her.

(3.) IN view of the nature of allegations by the father and uncle, the police submitted charge sheet under section 304B of the Indian Penal Code against the appellant and other in -laws who were thus put on trial.