RAJ KISHORE SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sections 498A and 304B of the Indian Penal Code (in short "the Code") and was sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, in short, is that one Harishankar Sah of Village Belghati, P.S. Turkaulia, District/East Champaran of 29.7.2000 at about 2.30 p.m. at Village/Matiaria Rai English Police Station Harsidhi gave a fard beyan before the Sub Inspector, Jogendar Rajak of the Harisidhi P.S. that his daughter Naina Devi, aged about 25 years, was married with Raj Kishore Sah about 5 vesars before. His daughter gave birth to a female child, who was aged about 2-3 years. It was been stated that he fulfiled dowry demand as per his capacity but after the marriage, husband (Raj Kishore Sah), Dewar (Rajendar Sah) and mother-in-law (Punkali Devi) of the deceased (daughter) started demanding Television and Cycle as dowry and they were pressing her daughter to bring the same from her parents, otherwise she was threatened to be sent back to her Maike. It has been stated that in the month of Chait his son-in-law, Raj Kishore Sah sent his daughter, the deceased to his house with her two children where she remained for three months. Only 16/17 days prior to occurrence his son-in-law Raj Kishore Sah came to his house where the informant, father of the deceased assured Raj Kishore Sah that he will fulfil the dowry demand. On that assurance his son-in-law had taken his daughter to her Sasural along with two children. He further stated that on 27.9.2000 at about 1 pm. in the noon he got the information that the husband, Dewar (brother-in-law) and the mother-in-law have burnt his daughter Naina Devi, aged about 25 years, and took her to the Burning Ghat to cremate her even though she was alive. According to him, chaukidar of Village intercepted the accused persons an on objection of Chaukidar, the accused persons took back the deceased to their house where she died. He then with his brother went to village along with village people of the said village Matiaria Raje English and found the dead body of his daughter who had burnt injuries. In the/meantime, police party also came where he gave his statement. According to him, accused Raj Kishore Sah, (the husband), Rajendar Sah (Dewar) and Punkali Devi (mother-in-law) had caused the death of his daughter by burning her to death for dowry. The police started investigation and after completion of investigation charge sheet was submitted against the accused persons under Sections 304B/34, 498A/34 and also 201/34 of the Code. On the basis of charge sheet cognizance was taken and the case was committed to the Court of session for trial. Ultimately, the trial concluded with the result as indicated above.

(3.) The prosecution in support of its case examined altogether 16 witnesses. PW 1 Lachminia Devi, PW 2 Gaya Raut, PW 3 Rajendar Kumar, PW 4 Ramchandar Prasad, PW 5 Md. Ishalam Ansari, PW 6 Parachia Devi, PW 7 Sachchi Devi, mother of the deceased, PW 8 Harilal Sah, uncle of the deceased, PW 9 Prema Devi, PW 10 Harishankar Sah, the informant and father of the deceased, PW 13 Vidyawati Devi, PW 14 Bhadar Sah have turned hostile. PW 11 Jawahar Lal Sah is the formal witness who has verified the handwriting and signature of officer-in-charge, exhibit-2, PW 12 is Dr. Niranjan Prasad Nayak, who has conducted the post mortem examination of the deceased. PW 15 is the chaukidar Ramchatri Rai, PW 16 is Bipin Bihari Prasad, who is formal witness and has verified the handwriting and signature of Jogendar Rajak, officer-in-charge, Harsidhi P.S. (exhibit-3).