BINOD KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 13.6.2000 passed by the 1st Additional Sessions Judge, Katihar in Sessions Thai No. 181 of 1998 whereby these appellants have been convicted for the offence under section 304B/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under section 201/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years.

(2.) ONE Inder Lal Mishra gave a written report to the police on 4.1.1998 at 10 A.M. stating therein that his daughter, namely, Abha Kumari was married to Binod Kumar Jha of village Routrate Poshan Tola on 10.5.1995. At the time of marriage he had given gift according to his capacity. At the time of second marriage the accused persons made a demand of Rs. 25,000/ - and because of non -payment of the aforesaid amount the accused persons used to torture his daughter. Out of the aforesaid amount Rs. 15,000/ - was paid to his son -in -law and his father. For the rest of the amount i.e. Rs. 10,000/ - they used to torture. On message sent by her daughter she was called to his house. In the month of June, 1997 his son -in -law wrote a letter to send Abha Kumari to his house failing which he would take some wrong step. On 2.7.1997, he had sent Abha Kumari with Ranjit Kumar Mishra to the house of her husband. On 1.1.1998 he received a telegram from his son -in -law that Abha Kumari expired on 27.12.1997. He went to the house of his son -in -faw on

(3.) THE defence of the appellants was denial of allegation and also that she was not at their house at the relevant time. She was taken to her parents ' house and thereafter she did not return. There was no demand of dowry at the time of second marriage or anything was paid to them.