DINESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four appellants of the above noted two appeals have been found guilty under Sections 304B/34 and 498A of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for ten years under Section 304B/34 of the Indian Penal Code. No separate sentence has been imposed for the offences punishable under Section 498A of the Indian Penal Code.

(2.) Dinesh Sah (appellant of Criminal Appeal No. 398 of 1998) is the husband of the victim lady, he has remained in custody for 3 years and 7 months in this case. Giridhari Sah (appellant no. 2 in Criminal Appeal No. 421 of 1998) is the father-in-law of the victim lady, whereas Jalo Devi (appellant no. 3 in Criminal Appeal No. 421 of 1998) is the mother-in-law of the victim lady. Md. Siraj (appellant no. 1 in Criminal Appeal No. 421 of 1998), who is a tailor by profession and supposedly a friend of the husband, has also been made accused in this case.

(3.) The First Information Report was instituted by Nago Paswan, who is the village Chowkidar. According to his statement, he had learnt that the wife of Dinesh Sah had died during the night. He went to the house of Dinesh Sah and found that he was not present in the house and he came to know that Dinesh Sah had beaten his wife on the previous night and had forcibly administered her poison. When the condition of the wife of Dinesh Sah deteriorated, Dinesh Sah took his wife to the hospital. When he reached the hospital, he found that Veena Devi was lying dead. Thereafter, he instituted this case.