BHOLA RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants have teen convicted under section 306 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 10 years. They have been further convicted under section 498A of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 3 years. Both the sentences were ordered to run concurrently.

(2.) PROSECUTION case was launched on the basis of Fardbeyan of accused, Bhola Rajak which was recorded on 26.7.1986 at about 12.30 at his house. He had stated that he had gone out to reach cleaned cloth to his customers. He came back after two hours and found that a number of persons were assembled at his house. He has further stated that his wife and his daughter were weeping. On enquiry, they narrated that they had some quarrel with the deceased (wife of accused Manoj Kumar) and that out of uncontrollable rage, she (deceased) went inside the house and out herself on fire. It has been further alleged that she (Bachani Devi) put out the fire. The deceased started tossing and got unconscious. It has been further alleged that the victim died on the subsequent day i.e. 27.7.1986. On 29.7.1986 a written report was made before the Superintendent of Police, Munger by one Upendra Rajak (P.W. 2) alleging demand of dowry and misbehaviour to the deceased at the hands of the accused persons including Bhola Rajak on whose statement this case was initiated. Thereafter the learned Chief Judicial Magistrate took cognizance of the offence under section 304B of the Indian Penal Code and the case was committed to the court of sessions where the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in order to prove its case has examined altogether seven witnesses. P.W. 1, Dr. S. Fazaluddin, has conducted the post mortem examination of the deceased. P.W. 2 Upendra Rajak is the father of the deceased. P.W. 3, Rasmuni Devi, is the mother of the deceased. P.W. 4, Harendra Singh, is a formal witness. P.W. 5, Sheo Prasad Mandal, is also a formal witness. P.W. 6, Uma Kumari, is the sister of the deceased. P.W. 7, Awadhesh Kumar Singh, is the Inspector of Police.