JAI PRAKASH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction and sentence dated 8.12.1989 passed by the learned 8th Additional Sessions Judge, Munger in Sessions Case No.82 of 1989 whereby both the appellants, namely, Jai Prakash Sah and Indrabati Devi have been convicted under Sections 302/34 and 342 of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act and appellant, Jai Prakash Sah, has been sentenced to undergo rigorous imprisonment for life for offence under Section 302/34 of the Indian Penal Code and appellant Indrabati Devi has been sentenced to undergo rigorous imprisonment for 10 years for offence under Section 302/34 of the Indian Penal Code. Both the appellants have further been sentenced to undergo rigorous imprisonment of one year for offence under Section 342 of the Indian Penal Code and rigorous imprisonment for six months each under Section 3/4 of the Dowry Prohibition Act. All the sentences were ordered to run concurrently.

(2.) From the record it appears that appellant no. 2, namely, Indrabati Devi had died during pendency of this appeal on 10.7.1993 and as such the appeal against her abates and as such the present appeal is confined to Jai Prakash Sah (Appellant no.1).

(3.) One Jamuna Sah (P.W.7) lodged a Fardbeyan alleging therein that his daughter Ranju Devi (deceased) was married with accused/appellant Jai Prakash Sah three and half years before the date of alleged occurrence. It has been alleged that on 8.6.1988 at about 9 P.M. accused Om Prakash Sah alias Chutul Sah Younger brother of Jai Prakash Sah came to the house of the informant and told him, his elder brother was calling him. When he asked the reason, he could not give any satisfactory reply. The informant and his nephew Sanjiv Kumar went to the house of Jai Prakash Sah where they heard screaming and crying sound of Ranju Devi (deceased). They entered into the house, went up-stairs, there all the three, namely, Jai Prakash Sah, Chutul Sah and Indrabati Devi alleged them to have burnt his daughter, pushed both persons, namely, the informant and his nephew Sanjiv Kumar in a room and locked them from outside and they remained inside the room for half an hour, later rescued by Havildar of Lal Darwaja Out-Post then they could know that the daughter of the informant was shifted to Sadar Hospital, Munger. After release from confinement they went to the Sadar Hospital where they found his daughter was in a burnt condition and lying unconscious, claimed the accused persons made an effort to kill the daughter of the informant by setting her on fire. It has further been alleged that earlier the accused persons used to assault his daughter who used to inform him through letter about the assault perpetrated on her as they were demanding motorcycle and used to hurl threatening for killing the victim lady. The informant was not in a position to give the motorcycle on account of his poverty. On the basis of the aforesaid Fardbeyan Kotwali P.S. Case No.211 of 1988 was registered for offences under Sections 342 and 307/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.