VIJAY KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsels appearing on behalf of the parties. All the appellants stand convicted for the offence under Sections 304 B, 498 A and 314 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten, three, and ten years respectively with fine for later two offences Rs.5,000/- each and in default to undergo simple imprisonment for two months as awarded by 2nd Additional Sessions Judge, Fast Track Court, Munger on 24th November, 2009 in Sessions Trial No. 723 of 2000 arising out of Kotwali P.S. Case No. 574 of 1998 (G.R. No. 1808 of 1998).

(2.) THE prosecution case as reveals from the complaint petition is that the victim Manju Kumari was married on 18.5.1997 with Vijay Kumar Sah, appellant in Criminal Appeal (SJ) No. 53 of 2010 and soon she was subjected to some torture and demand of dowry and was also kept confined. Her parents were not permitted to meet her resulting into institution of Dharhara P.S. Case No. 22 of 1998 at the instance of the informant, PW-6. Thereafter, matter was amicably settled. The victim's statement under Section 164 of the Code of Criminal Procedure was also recorded (Exhibit-12) and resides with her in-laws house where she stayed for about four months and thereafter proceeded with her husband for Bhatinda where he was working as Army Personnel. Subsequently, the prosecution side suddenly received one telegram about her illness followed by another intimating her deteriorating condition. Her mother, uncle, brother and one servant, PWs-2 to 5, proceeded for Bhatinda where they found the dead body lying in Army Hospital. In spite of their demand and objection after obtaining signature of brother of the deceased PW-3 on a consent paper dead body was cremated and all the four were forced to come back, whereafter, the informant was initially tried to lodge a case at Munger Police Station which could not be entertained, then filed a complaint case bearing Complaint Case No. 471 C of 1998, which was transmitted to police station concerned under Section 156 (3) of the Code of Criminal Procedure upon which Kotwali P.S. Case No. 574 of 1998 was instituted.

(3.) THE prosecution in support of its case examined altogether 12 witnesses besides the following documentary evidence:-