SHYAM SUNDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) MANJUSHA Devi wedded to appellant Radhe Shyam Singh died in her in -laws house allegedly for torture meted out to her by the in -laws for failure of her parents to make provision of sufficient dowry to them. The first information about death of Manjusha in her in -laws house was given to the parents of the deceased by Dulo Singh PW 1, pursuant to which it was alleged that when father of the deceased along with villagers visited village Thera Dih under Warshaliganj Police Station in the District of Nawada, found house of the appellants locked and appellants absconding from the house. Thereafter, he along with villagers rushed to the police station and from there the police visited place where dead body was allegedly cremated and collected some incriminating articles including bangles, bottle of kerosene oil etc. and recorded Fardbeyan of Ram Swarath Singh. Pursuant to which First Information Report was drawn up and investigation commenced. During investigation, a number of witnesses were examined by the police and on conclusion of investigation, the police laid charge -sheet before the Court. In the eventual trial that followed, the State examined altogether 7 witnesses who are father of the deceased, villagers, police officer and other witness who was not material as for particulars of the incident.

(2.) THE defence of the appellants both before the Court below and this Court had been denial of complicity attributed to them and contrary to assertion made by the State, the explicit case of the defence was that the deceased died natural death on account of ailment of diarrhoea. The defence too examined six witnesses ostensibly to counter allegations attributed to the appellants and the Trial Court on evaluating probative value of the prosecution witnesses and those examined by the defence, while rejecting defence version, accepted prosecution case and relying on testimony of witnesses, recorded finding of guilt and sentenced the appellants to undergo rigorous imprisonment for a period of seven years under Sec. 304 -B/34 of the Indian Penal Code. The appellants suffered conviction also under Sections 201/34 and 498/34 of the Indian Penal Code and on both counts they were sentenced to suffer term of two years on each count. The appellants also suffered conviction under Sec. 4 of the Dowry Prohibition Act for which they were to suffer rigorous imprisonment for a period of two years. However, all the sentences were directed to run concurrently.

(3.) BEFORE I bestow my consideration to the submissions canvassed on behalf of the appellants and also the State, a brief analysis of the testimony of the witnesses may help in the matter and I may begin my exercise with the testimony of Ram Swarath Singh, PW 6. Though he happens to be none else but the father of the deceased Manjusha, no where he makes assertion about the period of marriage of the spouse and on this score, I may advert to the evidence of Dulo Singh, PW 1, who is the only witness who states that Manjusha was wedded to Radhe Shyam Singh, five or six years preceding her death. Needless to say that the solitary testimony of this witness did not seek corroboration from other sources, as I have noticed, not even from father of the deceased, who was most concerned person in the episode. Learned Counsel for the appellants on this score has urged with all stress that to bring home the case under the mischief of Sec. 304 - B of the Indian Penal Code, it was most incumbent on part of the State to lead satisfactory evidence about the incident in question having happened within seven years of marriage and I must say that good evidence was wanting on this score. Now I may switch over to the other point. Other most important ingredient to bring the offence within the mischief of Section 304 -B of the Indian Penal Code is that death of deceased and torture meted out to her by the in -laws must be for or in connection with any demand of dowry, and on this score too while analysing evidence I may cross the narrations made by Dulo Singh, PW 1, who says that Shyam Sunder Singh and his son Radhe Shyam Singh had been insisting Ram Swarath Singh for a jersey cow and a two wheeler as dowry, and non -complishment of which they executed killing of the deceased. Accepting the assertion to be true on its face value, the complicity of mother -in -law had not surfaced in statement of this witness, and that apart, assertion made by this witness either about demand of dowry and torture meted out to the deceased remains unsubstantiated in view of subsequent answers given in his deposition. This witness was not emphatic about the period when torture was meted out to the deceased by the inlaws and though he refers to name of some persons namely, Payare Singh, Nepali Singh and Ramnandan Singh who were witnesses of torture. I must say that none of them were examined at trial by the State. Now adverting to the evidence of Dinesh Singh, PW 2, though this witness states about demand made by son -in -law of Ram Swarath Singh, he was not emphatic about dates when such demands were made and that apart, this witness had not made parallel statement before the police about demand of dowry from the parents of the deceased.