ARUN KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from the judgment of the learned Additional Sessions Judge-Ist, Munger dated 11.12.1995 passed in Sessions Case No. 554 of 1994 whereby the sole appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution as contained in the fardbeyan (Ext. No. 3) of the informant, Leeladhar Pradhan is that his daughter Smt. Shushma Devi was married with the appellant Arun Kumar Sharma, son of Sitaram Sharma of Pachna Road, Lakhisarai Bazar, District Munger about four years back to the occurrence. After marriage this appellant started putting pressure upon her to bring one motorcycle and one colour T.V. from her father and used to threaten oust her from the house in case of non-fulfilment of dowry demand. Whenever the daughter of the informant used to visit the house of the informant she complained about the dowry demand and her torture at the hands of her husband-appellant and in-laws, Sitaram Sharma and Gayatri Devi. About 8-9 months before the occurrence deceased Shushma Devi was brutally assaulted by them for non-fulfilment of their dowry demand for which a panchaiti was convened in which the informant expressed his inability to fulfil their dowry demand. The further case of the prosecution is that on 17.6.1994 at about 6 a.m., Anil Kumar Pradhan P.W. 1, son of the informant Leeladhar Pradhan, visited the place of his sister along with some articles. He noticed there that the appellant-husband, father-in-law, Sitaram Sharma and mother-in-law, Gayatri Devi were assaulting his sister, Shushma Devi brutally and this appellant was pressing her neck and after few moments his sister died. Thereafter, Anil Kumar Pradhan, P.W. 1, rushed to his house by raising halla and narrated the whole incident of murder of his sister. The informant along with his wife went to his daughter's place and saw the dead body of his daughter lying in the baramdah inside the house and the villagers were present there.

(3.) On the same day, i.e. 17.6.1994 at 9 p.m., a telephonic information in this regard was received at Lakhisarai P.S. On the basis of the information received Station Diary Entry No. 516 (Ext. No. 5) was made. Thereafter the Officer Incharge of Lakhisarai P.S., Devanand Prasad, P.W. 7 along with Sub-Inspector of Lakhisarai P.S., Pradip Narayan Singh P.W. 5, the I.O. of this case and others went to the place of occurrence. The fardbeyan (Exb No. 3) of the informant Leeladhar, Pradhan, P.W. 4 was recorded on the basis of which a formal F.I.R. (Ext. No. 7) was drawn up and a case under Sections 304(B), 498(A)/34, I.P.C. was instituted against the three accused persons, namely Arun Kumar Sharma, the husband-appellant of the deceased, father-in-law Sitaram Sharma and mother-in-law Gayatri Devi. The investigation of the case was entrusted to P.N. Singh, SI of Lakhisarai P.S., P.W. 5. Thereafter police held inquest on the dead body of the deceased Shushma Devi and accordingly inquest report (Ext. No. 8) was prepared. Thereafter the dead body was sent for post-mortem examination and on 18.6.1994 an autopsy was held by P.W. 2, Dr. Dharm Nath Choudhary. The police received the post-mortem report (Ext. No. 1).