SHANKAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted for the offence under Sections 304B, Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years but no rigorous imprisonment under Section 306, Indian Penal Code and a further sentence to undergo rigorous imprisonment for two years each for the offence under Section 498A, Indian Penal Code by a judgment and order of conviction dated 21.12.2001 passed by the Presiding Officer, Additional Court No. 1, Nalanda, in Sessions Trial No. 35 of 1990/30 of 2001. The case of the prosecution according to Anup Kumar, PW 4, the father of the deceased, is that his daughter had been married with the accused Hira Choudhary in the month of June, 1988. Dowry had been given at the time of the marriage. However, the in-laws used to demand further dowry which he could not fulfill on account of which on 13.6.1989, his daughter was burnt to death and taken to the Hospital where she was found dead.

(2.) The Defence of the appellants was a false implication and that, in fact, the deceased had died in an accidental fire and all efforts had been made to save her life but despite the same, she had died. The defence examined four witnesses on this point.

(3.) During Trial, the prosecution examined nine witnesses in order to prove his case. PW 1 Geeta Kumari has been declared hostile. PW 2 Arbind Kumar is the son of the informant, who supports his father's version that his sister had been burnt to death for ends of dowry. PW 3 Kedar Choudhary has also supported the factum of the occurrence. PW 4 Anup Kumar is the informant who repeats the version given out by him in the First Information Report. PW 5 is the sister of the deceased who supported the prosecution case. PW 6 is formal witness and PW 7 Md. Irfan Hasan had been declared hostile. PW 8 also is a formal witness.