SUBH KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 24-05-1995 passed by learned IInd Additional Sessions Judge, Begusarai in Sessions Trial No. 450of 1991 by which and whereunder, he convicted the appellants for the offences punishable under Sections-304(B), 498A of the Indian Penal Code and Section-4 of Dowry Prohibition Act and accordingly, all the appellants were sentenced to undergo rigorous imprisonment for 10 years for commission of the offence punishable under Section- 304(B)/34 of the Indian Penal Code, to undergo rigorous imprisonment for two years for commission of the offence punishable under Section-498A/34 of the Indian Penal Code, to undergo rigorous imprisonment for one year for commission of the offence, punishable under Section-4 of Dowry Prohibition Act. However, all the sentences were ordered to run concurrently.

(2.) IN brief, prosecution case is that P.W. 12 namely, Rajendra Jha gave a written report to Officer-in-charge, Neema Chandpura Police Station, Begusarai on 04-04-1991 to this effect that marriage of his daughter namely, Babita Devi @ Nutan was solemnized with appellant No. 2 and the appellant No. 2 started demanding motorcycle, ear ring and Rs 6,000/- cash but he was unable to fulfill the aforesaid demand. He further stated in his written report that whenever he went to take Bidai of his daughter, she was not allowed to go to her parental home and the appellants were openly saying that they would not allow his daughter to go to her parental home, unless their demand is fulfilled and appellants were giving threatening to kill her. He further stated that on 04-03-1001 at about 1.00 p.m. Bishundeo Mishra (P.W. 10) came to his house and informed him that appellants put his daughter on fire, as a result of which, she sustained severe burn injuries. Having got the aforesaid information, he was going to Chandpura to see his daughter but he came to know at Begusarai that his daughter died of her injuries and then, he went to hospital where the postmortem of dead body of his daughter had already been done. He claimed that his daughter was burnt to death by the appellants due to non-fulfillment of dowry demand.

(3.) ALL the appellants were put on trial and they were charged for the offences punishable under Sections- 304(B), 498(A)/34 of the Indian Penal Code as well as Section-4 of Dowry Prohibition Act. Appellants denied the charges and claimed to be tried.