MADAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.10.2001 of the Presiding Officer, Fast Track Additional Court No. II, Patna in Session Trial No. 876 of 1989/1978 of 2001, whereby the appellant has been convicted Under Section 304-B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced respectively to undergo R.I. for ten years and one year under the said sections.

(2.) It appears that including the appellant originally there were four accused persons before the learned trial Judge and they all were charged Under Sections 302/34, 201 and 304-B of the Indian Penal Code and 3/5 of the Dowry Prohibition Act but after trial the other three accused persons were acquitted of all the charges and the appellant was also acquitted of the charge Under Section 201 of the I.P.C. but he has been convicted and sentenced as indicated above.

(3.) The prosecution story as set out in the Fardbeyan of the informant Arjun Paswan is that he had married his daughter Meena Kumari (deceased) to the appellant Madan Paswan on 19.5.1986 and the Ruksati was done on 14.2.1989 when Meena Devi (deceased) had gone to her Sasural at Sabajpura with the appellant. It is further said that on 14.3.1989 when the informant's son Jitendra Kumar went to meet his sister at her Sasural the appellant and other accused persons who were the father-in-law, mother-in-law and brother-in-law of the deceased did not allow him to meet her and they also abused him, Jitendra Kumar came back to his house and informed his father and mother. Then it is said that on the next day i.e. on 14.3.1989 the informant himself went to meet his daughter at her Sasural but the appellant and other accused persons (who have already been acquitted) did not allow him to meet her and also abused him. The informant stated in the Fardbeyan that his son-in-law Madan Paswan (appellant) was also demanding gold ring, T.V. and vehicle and he had threatened with dire consequences that if the demand is not met, hence, the informant suspected that his daughter had been killed and disappeared and prayed for legal action by the police. On the basis of the Fardbeyan a case was registered by the police and after investigation police submitted charge sheet and the trial was completed.