PURUSHOTTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State.

(2.) The present appeal has been preferred against the Judgment and Order of conviction dtd. 15/12/2020 and sentence dtd. 21/12/2020 passed by the learned Additional District and Sessions Judge-VII, Vaishali at Hajipur in Sessions Trial No. 194 of 2019 arising out of Rajapakar (Baranti O.P.) P.S. Case No. 163 of 2017, whereby the learned trial court has sentenced him to undergo R.I. for seven years under Sec. 304-B of the Indian Penal Code, while the other accused, Indu Devi was acquitted giving her benefit of doubt.

(3.) The factual matrix of the case is that Rajapakar (Baranti O.P.) P.S. Case No. 163 of 2017 was instituted under Sec. 304-B/34 of the Indian Penal Code against the accused persons, namely, Purushottam Kumar, Sivnath Rai, Indu Devi and Praveen Kumar on 22/11/2017 on the basis of fardbeyan of informant Kapileshwar Singh recorded at 17:00 hours on 19/11/2017 in the verandah of Emergency Ward at Hajipur Sadar Hospital, with the allegation, in succinct that, his daughter Neelam Kumari was married to accused Purushottam Kumar about two and half years back, as per Hindu rites and rituals. After six months of marriage, the informant's son-in-law i.e. accused Purushottam Kumar, samdhi Shivnath Rai, samdhin Indu Devi and the Younger brother of the informant's son-in-law namely Praveen Kumar used to subject informant's daughter to cruelty for demand of a four wheeler from her father. The F.I.R. further alleges that on 19/11/2017, a resident of informant's village namely Rajeev Kumar came to Sadar Hospital Hajipur, where he saw informant's daughter lying dead in verandah of the hospital and informed the informant, who rushed with his family to Sadar Hospital Hajipur and found his daughter Neelam Kumari lying dead on a stretcher, in verandah of Sadar Hospital Hajipur. The F.I.R. also states that the son-in-law of informant or any of his family was not present there.