ASHOK SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the then learned Additional Sessions Judge-I, Darbhanga passed on 23rd/24th of May, 2000 in Sessions Trial No. 141 of 1993.

(2.) The learned trial Judge found all the four appellants guilty for the offences under Section 304-B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The appellant, Jhalia Devi, was sentenced to R.I, for seven years and rest three appellants, Ashok Sah, Deo Narayan Sah and Pradeep Sah, were sentenced to R.I. for life under Section 304-B of the Indian Penal Code. No separate sentence was passed under Section 4 of the Dowry Prohibition Act. All these four appellants were put on trial along with the accused, Raju Sah and Poonam Kumar, for the charges under Section 304-B of the I.PC. and Section 4 of the Dowry Prohibition Act. In course of trial, the case of the accused, Raju Sah and Poonam Kumar, was separated on the ground of minority and was sent down to the Juvenile Court, the Court of ACJM, Darbhanga, for disposal.

(3.) The Fardbeyan was lodged by the informant, Ram Lakhan Prasad Bihari, P.W. 5 of Village-Gaighat, PS. Alam Nagar, District Patna on 15.10.1991 at 9 p.m. at Darbhanga Medical College Hospital, Darbhanga. In his Fardbeyan the informant stated that his daughter, Mira Devi, was married about 5 years ago with the accused, Ashok Sah, son of Deo Narayan Sah of Mohalla Hasan Chak, P.S, Nagar, District Darbhanga. After marriage she visited her Naihar at Gaighat and Sasural at Darbhanga several times. On the last Sawan Purnima when Mira Devi was taken by her husband Ashok Sah from Gaighat to Hasan Chak, Darbhanga, all the accused persons began to ill-treat her. They used to demand scooter and cash Rs. 10,000/- in dowry and assaulted her for not meeting their dowry demand. The accused, Ashok Sah, was also trying to take all her ornaments. The informant further stated that about 15 days before the occurrence his Samdhi-accused, Deo Narayan Sah, came to his house at Gaighat, Patna and informed him about the quarrelling in between the couple and requested him to admonish them. On receipt of information he went to Mohalla Hasan Chak and a panchayatee was convenced in presence of Bhola Mahto, P.W. 5, Rajendra Sah, Suraj Sah, P.W. 4 and many others. The accused, Ashok Sah and Deo Narayan Sah, gave written undertaking before the Panches that they would not subject Mira to any sort of cruelty and thereafter he returned back to his house. He further stated that on 15.10.1991 at 2 p.m. he was telephonically informed about the burning of Mira Devi by the accused persons whereupon he along with his wife and others went to Mohalla Hasan Chak, Darbhanga. He learnt from Shayamsunder Mandal, Ram Sundar and many others of Hassan Chak Mohalla, Darbhanga that all the six accused persons firstly assaulted his daughter Mira Devi and then set her on fire after shrinkling kerosene oil on her body. He further learnt that Mira was seriously injured and was under treatment at Darbhanga Medical College Hospital and her condition was very serious. Thereafter he went to Darbhanga Medical College Hospital and found her condition very critical. Her both legs, hands, breasts, lips, cheeks and other part of the body were found burnt. The informant alleged that Mira was burnt to death by the accused persons because of non-fulfilment of their dowry demand and she died leaving behind two male child.