RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19th July, 1996 and the sentence dated 20th July, 1996 passed in Sessions Trial No. 75 of 1990/74 of 1991 passed by the 2nd Additional Sessions Judge, Saran at Chapra whereby the trial Court has found the appellants guilty for the offences punishable under Sections 304-B and 201 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years and two years respectively. The appellants were further sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 1000/- each under Section 4 of the Dowry Prohibition Act, in default, to undergo simple imprisonment for two months.

(2.) The occurrence is said to have taken place on 13.08.1989. The date of marriage is July, 1988, as per the evidence of PWs 1, 2 and 4. The prosecution case as made out in the First Information Report is that the daughter of the informant, namely, Manju Devi was married to Raj Kumar in July, 1988. There was a demand of cycle, watch and radio at the time of marriage. It is specifically stated that at the time of marriage, the informant could not meet the demands as his son had met with an accident and his hand was severely injured in a thrasher. It is alleged that after Manju Devi went to her matrimonial home, she was ill-treated by her husband and others, as a result of which she ran away from her husband's house. It is further stated that all the appellants came to the house of the informant and requested him to allow his daughter to return back to her husband's house and promised not to ill-treat the victim girl in future. After she returned for the second time to her husband's house, she was given poison and her body was burnt near the pokhar. Binod Kumar, who is the nephew of the informant, gave information to the informant regarding the death of his daughter. The informant went to the village of the accused persons along with others. The appellants are said to have run away when the informant reached their village.

(3.) A defence had been raised by means of a suggestion to the prosecution witness that Manju Devi had died at her father's house. Her body was taken to her matrimonial home for the purpose of ensuring that she would go to heaven as it is said that it was the belief of the area that the last rites of the woman should be performed at her husband's house. The case has been instituted for the reason that the accused persons refused to return the jewellery and other gift items given to the daughter of the informant at the time of her marriage.