MIRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the above three appeals are being disposed of by a common judgment as they are having same Sessions Trial bearing No.12 of 2003. Prosecution case initiated on the fard-bayan of one Vidya Nand Saha in brief is that his daughter Sarita Devi was married with accused -appellant Binod Kumar Sah three years ago, she lived peacefully in her sasural for a period of six months, thereafter accused-appellants and others started to demand a motorcycle in dowry and caused cruelty followed by assault on her. Same was narrated by the informant's daughter, when she came to her parents with further disclosure that if they want to see the deceased living peacefully in her sasural, they should fulfill the demand of motorcycle. Informant along with his friend Md. Kurban went to his daughter's sasural fifteen days before puja, promised to purchase a motorcycle within 2-3 years after depositing its price. On which they (accused persons) assured not to treat cruelly with the deceased.

(2.) IT is further stated (alleged) that on 08.10.2000 at about 5-6 P.M. one Kishan Lal along with Ashok Prasad,the son in-law of the informant came at informant's house informed him about death of informant's daughter due to consumption of poison. Receiving such information informant went to his daughter's sasural Haldikhora where none of the family members was found present. Gathered villagers namely Bishnu Lal Saha, Basant Lal Saha, Jahad Lal Saha and others informed the informant that accused persons were always treating the deceased cruelly for demand of motorcycle. For accused- appellant Binod Kumar Sah, it is said that he was keeping a lady having illicit relation with her and on 07.10.2000 at about 9.00A.M. informant's daughter consumed poison, who died in a clinic at Mahadevdighi. After concluding the trial, all the accused-appellants are convicted for the offence under Section 304B of the Indian Penal Code. In all, twelve (12) witnesses are examined in the case, they are PW-1 Pano Devi, PW-2 Dayawati Devi, PW-3 Asha Devi, PW-4 Dhaniya Devi, PW-5 Birendra Kumar, PW-6 Gopal Prasad, PW-7 Lila Nand Saha, PW-8 Md. Mofuzuddin, PW-9 Vidya Nand Saha, PW-10 Dr. Faijul Rahman, PW-11 Chandra Bhushan Saha and PW-12 Dropadi Devi, of them PWs-1 to 6 and 8 are stating to know nothing about the incident, they have been declared hostile, cross-examined by the prosecution also, but nothing has appeared in their statement either to corroborate prosecution case or to favour the defence. PWs-7, 9, 11 and 12 are only material witnesses to state the prosecution case.