SHYAM JEE PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant has been convicted under Section 304B IPC and sentenced to RI for ten years and under section 201/34 IPC and sentenced to RI for three years as also under Sections 3/4 of Dowry Prohibition Act and sentenced to RI for one year and a fine of Rs. 5,000/ - and further imprisonment for one year by the Additional Sessions Judge -II, Gaya in S.Tr. No. 451/1991/7/1999 by judgment and order dated 26.06.1999.

(2.) THE case of the Informant, Ram Awtar Paswan is that he had married his daughter to the Appellant in the year 1987. After one year duragaman was held whereafter she started residing in the matrimonial home with her mother -in -law. She was not allowed to go to her naihar and accused persons used to demand dowry and the deceased was tortured for non - fulfilment of demands of dowry and finally on 25.06.1990 he learnt that his daughter had been done to death. The informant was informed on the next day. He then instituted the present case.

(3.) P .W. 2, Ram Khelawan Paswan is the cousin of the informant who also repeated the version of P.W. 1. However, in his cross -examination he stated that after the marriage when the deceased had come to her naihar he found her happy. His attention was also drawn to the factum of demands of dowry having not been stated in his earlier statement recorded under Section 161 Cr.P.C. A suggestion was given to him as well that the deceased had died on account of illness and he had participated in the funeral rites of the deceased.