KALIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The deceased Zaibun Nisha wedded to the Appellant, died in her matrimonial house otherwise, than in normal circumstances, allegedly for failure of her parents to make provision of sufficient dowry to them. The brother of the deceased shortly on receipt of information about tragic end of his sister, informed his mother and visited village Reriwar. He noticed his sister dead, with scratches on the neck, and entire body having swollen and it seemed to him that his sister had been Wiled for their failure to make provision of sufficient dowry to inlaws, and for which she was usually beaten In the house. A police case had been registered on these accusations and investigation commenced and on conclusion of which, the police laid chargesheet before the court. In eventual trial, that commenced, the State examined altogether nine witnesses including maker of fardbeyan, the doctor and other witnesses.

(2.) The defence of the Appellant both before the court below and this Court had been that of total innocence and he ascribed his false implication. However, the trial court while rejecting the plea of innocence of the Appellant recorded finding of guilt and sentenced him in the manner which is impugned in this appeal.

(3.) Though narratives made by the witnesses have been fairly spelt out in the judgment of the court below, for appreciation of contentions raised at bar, narratives are being discussed with brevity. To begin with the exercise of analysing evidence of witnesses, one may notice that the material allegations attributed to the in laws including the Appellant as transpiring in the earliest version of the brother of the deceased, are conspicuously wanting in their evidences which they made at trial. Md. Akhtar P.W. 3, brother of the deceased, Who happehs to be the maker of fardbeyan states at trial that though he noticed his sister dead, but could not know cause of death, and as for relation of the deceased with in laws, the witness states that she had very cordial relation with them. Needless to say that the narrations made by the witness was not in conformity with earliest version and when his attention had been drawn, he emphatically refuted suggestion about suppressing his earliest version. Similar narrations were made by Mushtaque Ahmad P.W. 2 also, who happens to be the brother of the deceased, and for relation of the deceased with her-in-laws, the witness states that the relation was cordial. The narration made by Md. Ibrar P.W. 1 was almost in similar vein and term which does not disclose incriminating evidence operating adverse to the Appellant or in-laws. Abdul Ghafoor P.W. 4, Abdul Hamid P.W. 5, Ramji Yadav P.W. 6 and Bakridan Mian P.W. 7 though stated about death of Zaibun Nisha, but did not narrate any torture and atrocities meted out to the deceased by in laws shortly, preceding her death, and that too for demand of dowry. Uma Shankar Prasad P.W. 8 was quite formal and there was nothing material in his evidence to merit consideration.