STATE OF BIHAR Vs. DILIP KUMAR SRIVASTAVA

JUDGEMENT

(1.) THIS Government Appeal by the State of Bihar arises from a judgment and order of acquittal. The respondents were put on trial for committing the murder of Asha Devi on or about 6.7.1983 at Quarter No. 5 Khagaul Road, Patna Town within Gardanibagh Police Station. They had also been charged for committing the offence under Sections 3 & 4 of the Dowry Prohibition Act.

(2.) THE prosecution of the respondents was set in motion after a Judicial Magistrate, Sri Vijay Narayan Jha, recorded the statement of victim, Smt. Asha Devi, treated as her dying declaration, at the Emergency Ward of the Patna Medical College & Hospital (PMCH) on 16.7.83 at 9.45 A.M. She said that on 6th July at 11 Oclock in the day, she was abused by her mother -in -law Lilawati Devi and Nanad for scooter. In the month of February, in the divorce case the husband had been directed to pay her Rs. 1000/ - or, else, keep her. In the month of March he took her to his house on the promise that he will properly keep her. However demand for scooter was again made. Upon this, her Bhabhi (elder brothers wife) promised to give scooter within six months. On 6th July after she took meal and went to bathroom to wash her hands, her both Nanads and mother -in -law together sprinkled kerosene on her and set her on fire by match stick. Her Gotni (wife of husbands elder brother) Meena Devi poured water on her body at which she said as to why she was pouring water, if they wanted to kill her why not do that. Thereafter she became unconscious. Who brought her to hospital was not known to her. The victim stated that both her father - in -law and Bhaisur (husbands elder brother) Anjani Srivastava used to demand scooter and money. She wrote letters to her Naihar about her plight but they were made to disappear by her Bhaisur. Her husband also did not take notice of her complaints. She did not want to meet her husband.

(3.) ON the basis of the above statement Gardanibagh P.S. Case No. 258/83 was instituted and investigation followed. The Investigating Officer, Anjani Kumar Sinha (PW 8), went to the PMCH to record the statement of the victim. He found her on Bed No. 6 of C.D. Ward in the unit of Dr. S.N. Verma in burnt condition. He was told by the Nurse that sedative had been administered to her and it was not proper to record her statement. He returned to the Police Station and again went to the hospital with the Deputy Superintendent of Police. On his asking, Asha Devi admitted in presence of the Dy. S.P. that whatever she had stated before the Magistrate was correct. He recorded the statements of other witnesses. While investigation was continuing, on 23.7.83 Asha Devi died. At the end of the investigation chargesheet was submitted against the respondents who include, besides the mother -in -law, two sisters -in -law (Nanads) and the Gotni (wife of husbands elder brother), the husband himself, his elder brother and the father -in -law.