SONA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have preferred these appeals against the judgment and order of conviction dated 8.2.2003/13.2.2001 passed by the 3rd Additional Sessions Judge, Bhojpur at Arrah in Sessions Trial No. 258 of 1999. Appellants suffered conviction under Sections 304-B/34, 498-A and 201 of the Indian Penal Code as well as under Section 4 of the Dowry Prohibition Act and have been sentenced to undergo rigorous imprisonment for life under Sections 304-15/34 of the Indian Penal Code, RI for one year each under Sections 498-A and 201 of the Indian Penal Code and RI for six months under Section 4 of the Dowry Prohibition Act with a rider that the sentence shall run concurrently.

(2.) Ramjee Prasad submitted his written report at Sahar Police Station on 16.5.1998 informing about the death of his daughter by her husband, mother-in-law, father-in-law and brother-in-law at her in-laws' house on account of non-fulfilment of their demand of dowry. The informant stated that his daughter Pushpa Devi was married with Brajesh Kumar on 29.4.1996 according to Hindu rites and rituals at his village Bhadwar. After marriage His daughter went to her susural on 30.4.1996. She came back to her father's house after two months. On 6.2,1998 Pushpa's second marriage (Dwiragaman) took place but on that occasion his son-in-law (Brajesh Kumar) did not come, Bindeshwari, the younger brother of Brajesh, came. On inquiry he disclosed that Brajesh will never come unless his demand for television and motor-cycle would be fulfilled. The informant showed his inability on the ground that he had to get married other daughters also and only thereafter he could meet the demand of Brajesh Kumar, In the written report it is also stated that prior to Dwiragaman on 12.12.1997 mother-in-law of Pushpa had sent a letter through some messenger in which it was written that Brajesh was annoyed for non-fulfilment of his demand of television and motor-cycle. After Dwiragaman the nephew of the informant, Ramesh Chandra Sinha went to meet Pushpa and while he was returning on 4.4.1998 Pushpa gave him three letters which were addressed to her father, brother and sister-in-law and her sister. In all three letters it was disclosed that she was being tortured by her husband, father-in-law, mother-in-law and brother-in-law because television and motor-cycle had not been provided. It was also disclosed in these letters that she was being threatened by them that she will be killed. The informant thereafter personally went to Pushpa's sasural and requested her husband and in-laws to give him some time to fulfill their demand. The husband and in-laws of Pushpa said to him that he should arrange for television and motor-cycle immediately otherwise some mishap might take place. The informant thereafter came back to his village. On 14.5.1998 he received an Inland letter posted by Pushpa in which it was written that her husband and in-laws were tortuing her for their demand of television and motor-cycle and they were threatening her that she would be burnt or poisoned. The informant became nervous and he along with his brother, Lal Mohan Singh and nephew, Anil Singh, went to village Sakhuana, sasural of Pushpa, and wanted to meet his daughter on which his son-in-law, brother of the son-in-law and mother and father of the son-in-law started abusing and threatening. They were asked to leave that place otherwise they would be sent to the same place where his daughter had been sent. The informant made inquiry from the villagers and came to know that his daughter was burnt and killed by her husband Brajesh Kumar, father-in-law Indra Kumar Singh, mother-in-law Sona Devi and brother-in-law Bindeshwari Prasad. They also got disappeared the body. The informant personally went in the room where his daughter used to stay and found that the room is totally burnt.

(3.) The informant along with his written report submitted letters written by Pushpa, before the officer-in-charge of Sahar Police Station and Sahar P.S. case No. 56 of 1998 was instituted for the alleged offence under Sections 304-B, 201/34 and Section 498-A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, against all the appellants. After investigation the police submitted charge-sheet. The case was committed to the Court of Sessions and the Trial Court convicted the appellants and sentenced them as stated above.