JAGBANDHU BIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment/Order dated 22.12.2009/23.12.2009 passed by the 2nd Additional Sessions Judge, Gopalganj, in Sessions Trial No.331 of 2008/69 of 2009, whereunder the above named, appellants have been convicted under Sections 304-B/34 and 201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years for the offence under Sections 304-B/34 of the Indian Penal Code and rigorous imprisonment for three years for the offence under Sections 201/34 of the Indian Penal Code with direction to run both the sentences concurrently.

(2.) The prosecution case, as set out in the Complaint Case No.148 of 2008 of the complainant-informant, Jagarnath Bin (P.W.6) as forwarded under Section 156(3) of the Code of Criminal Procedure to the Officer Incharge of Fulwaria Police Station, Gopalganj, to institute and investigate the case, is that he performed the marriage of his daughter, Bidanti Devi, in the month of Baisakh, in the year 2005, with appellant no.1, Jagbandhu Bin, according to Hindu rites and customs giving the cash Rs.50,000/-, furniture, ornaments etc. as gift and dowry. He could not perform the Bidai of his daughter due to some dispute on some point at the time of marriage. Later on, on 12.2.2007, the accused persons took her daughter in Bidai and her daughter started living with her husband, Jagbandhu Bin (appellant no.1). After sometime, mother-in-law, father-in-law, Swaminath Bin (appellant no.2) and Nanad of his daughter started to torture her for not providing proper dowry. After 10 days of Bidai of his daughter, his son, Ram Pravesh (not examined) went to village-Sonegarhwa, the matrimonial village of his daughter, Bidanti Devi, where she told his son about the demand of motorcycle, cash Rs.20,000/- and refrigerator and also for torturing her about the same. His daughter also asked his son, Ram Pravesh, to inform the parents. Swaminath Bin (appellant no.2) and his wife also pressed his son, Ram Pravesh to fulfill the demand of cash Rs.20,000/-, motorcycle and refrigerator within one month otherwise they would not keep his sister. His son came to house and informed about the same. After one month, appellant no.1, Jagbandhu Bin, came to the house of the complainant-informant and told that his father, mother and sister are pressurizing him for the demand of dowry saying that one month time was given to fulfill the demand but still the demand has not been fulfilled and Jagbandhu Bin asked the complainant-informant to come and take back to his daughter. The informant told him that after improvement of financial condition he would fulfill the demand. Thereafter, in the year 2007, in the month of Kunwar, his grand son (not examined) went to the matrimonial house of Bidanti Devi with some edible materials then her mother-in-law, father-in-law and sister-in-law threw the same and also gave threatening that if the dowry, as demanded, would not be given then the dead body of his Aunt (Phua), Bidanti Devi, would be sent to his house. Bidanti also narrated all the stories to the grand son of the complainant-informant. Thereafter, the complainant-informant alongwith the witnesses went to the matrimonial house of his daughter but there was no change in the behaviour of the accused. Thereafter, on 3.1.2008, an unknown person of Sonegarhwa came and informed him about the serious illness of his daughter, then he rushed to the matrimonial village of his daughter, Sonegarhwa but he found the in-laws of his daughter absent at the house. He also came to know from villagers that his daughter was not ill rather the accused persons burnt to death his daughter by sprinkling kerosene oil and also cremated her dead body.

(3.) On the basis of the aforesaid complaint petition of the complaint-informant, Jagarnath Bin (P.W.6), Fulwaria P.S. Case No.12 of 2008 was instituted under Sections 304-B/ 201/34 of the Indian Penal Code against the appellants, above named, and three others, namely, Suganti Devi, Chandrawati Kumari and Som Narain Bin.