JATASHANKAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) This criminal appeal has been preferred by the sole appellant against the judgment of conviction dated 20.02.2001 and sentence order dated 27.02.2001 passed by Sri Nishi Kant Choudhary, 7 th Additional Sessions Judge, Motihari in Sessions Trial No. 272/113 of 2000 by which and whereunder he convicted the appellant for the offences punishable under Sections 304 B and 201 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years under Section 304 B of the Indian Penal Code and to undergo rigorous imprisonment for three years under Section 201 of the Indian Penal Code. The learned 7th Additional Sessions Judge, Motihari directed that both the sentences would run concurrently.

(3.) In brief, the prosecution case is that P.W.8, namely, Bhagwan Prasad gave his Ferdbeyan to S.I., A. K. Mishra, Officer in Charge of Banjaria Police Station on 21.10.1999 at about 11:30 A.M. at Banjaria Police Station to this effect that marriage of his elder daughter, namely, Anita Kumari was solemnized with the appellant in the year 1993 and after marriage, Anita Kumari went to her in laws' house and started residing there. He further stated that in due course, she gave birth to two children but after marriage, appellant demanded television in dowry but he expressed his inability to fulfil the aforesaid demand. He further stated that his third daughter, namely, Rani Kumari had gone to the in laws' house of Anita Kumari and on 18.10.1999, appellant assaulted Anita Kumari due to non fulfilment of his demand of television and when Rani Kumari came to her rescue, she was, too, beaten by the appellant and ousted from his house. After the aforesaid occurrence, Rani Kumari returned to her home and narrated the aforesaid incident to him. He further stated that on 20.10.1999, his cousin brother, namely, Shiv Pujan informed him that Anita Kumari was poisoned by her husband and after that she was taken to doctor Rahmen Nursing Home but doctor refused to get her admitted as she had already died. He further stated that in the morning, he came to know that dead body of his daughter, Anita Kumari was recovered by the Banjaria Police and after that he went there and identified the dead body of his daughter.