RAM BADAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH three persons of in -laws ' house including Saraswati Devi were put on trial on accusation oi causing dowry death of Sanju Kumari, the appellants alone suffered conviction under Sections 304B and 201 of the Indian Penal Code, said Saraswati Devi, mother -in -law, of the deceased having been acquitted of the charges on conclusion of trial by the trial court. The appellants pursuant to their conviction were sentenced to suffer rigorous imprisonment for a term of ten years each on the first count, and for the other count, they were sentenced to a term of two years rigorous imprisonment with a rider that both sentences shall run concurrently.

(2.) AT this juncture it would be convenient to notice some salient features of the prosecution case. Sanju Kumari was wed ded to appellant Surya Kant Sharma sometimes in the year 1989. Though parents had made presentation 'to the in -laws befit -ting to their financial status at the time of marriage, demand of provision of television set, a two wheeler and also cash of Rs. 20,000/ - was met at the time of inception of marriage. However, the parents were not possessed of sufficient means and had not been affluent to meet the provision of dowry asked by the in -laws. As in -laws were quite reluctant to take back Sanju Kumari to their house for failure of her parents to make provision of dowry to them, it was after much entreaties that second marriage of Sanju Kumari was performed on 26th October, 1992 when demands for provision of these articles were yet reiterated by the in -laws. This was not the end of episode, as when Rama Kant Chaudhry, brother -in -law of Sanju Kumari, the deceased, visited her house in village Lodipur on 17th November, 1993, demands were again reiterated before him for which Sanju was being tortured in in -laws house, and these disclosures were made to him by none else but the deceased Sanju herself. Allegedly, shortly after three days of visit of Ramakanf Choudhary to village Lodipur, tragic news of death of Sanju was received in her parents house in the morning of 20th November, 2003. The worried family members had rushed to village Lodipur when they came to know about Sanju having been poisoned to death by her in -laws. Wheel of law was put in motion by the brother of the deceased, shortly within few hours of receipt of tragic news of death of his sister. As usual investigation followed, in course of which the Police Officer had recorded statement of witnesses, visited place of occurrence and on conclusion of investigation, laid charge sheet before the court. The guilt of the appellants was sought to be established by the State with the aid of evidence of six number of witnesses who were family members of the parents ' house of the deceased, the Police Officer and also some other witnesses.

(3.) SINCE such tragic occurrence usually happens within four walls of the in -laws house, it is not always possible that others may be ocular witnesses to the incident. The victim having suffered onslaught in her house, this may not be known to others in the village, and in that backdrop, to judge culpability of the accused about sufferings and torture of the deceased, evidence and also attending circumstances would merit consideration. The witnesses -by whom guilt was sought to be established by the State happened to be Rama Kant Chaudhary, P.W. 1, Chandra Bhushan Chaudhary, P.W.2, Gautam Chaudhary, P.W.3, Malti Devi, P.W.4, Anita Devi, P.W.5 and the last witness namely Pawan Kumar Singh being the Police Officer. Scathing comments were made by learned counsel for the appellants on credibility of these witnesses, and with all stress, it was sought to be urged that when some sort of vague and omnibus accusations were sought to be attributed to the appellants with evidence of witnesses about demand of dowry and related torture and harassment meted out to the deceased, simply such narration made by the witnesses about torture to the deceased, without reckoning to the time, which must rehofer to a period "soon before her death", there would be hardly application of Section 304B of the Indian Penal Code. Refer -ring to the evidence of defence witnesses, contentions were raised that if Ram Badan Sharma, D.W.5, one of the appellants, is to be believed, the conduct of the appellant betrays all affection to the deceased, he having deposited Rs. 1000/ - which were presented to the deceased at the time of marriage, in the Post Office. Referring to the evidence of Dr. V.Jain, D.W.3, submission was that the defence of the appellants about Sanju having died due to abdominal pain, largely strengthens from evidence of this witness. The finding recorded by the court below as such can be judged on the anvil of testimony of the witnesses. Reiterating his earliest version which he rendered before the Police, Chandra Bhushan Chaudhary, P.W. 2, who was also maker of the written complaint submitted to the police, states that at the time of marriage of Sanju Kumari presentations were made by her parents befitting to their status. However, the demands made by the in -laws about provision of television set and two wheeier could not accomplished due to their financial stringencies. However, shortly after second marriage of Sanju Kumari was performed on 26th October, 1993, demands were reiterated by in -laws who were not willing to take back Sanju Kumari to their house, and it was only on entreaties made by them that they took Sanju Kumari with them. When Rama Kant Chaudhary visited village Lodipur on 17th November, 1993, Sanju had narrated her woes before him, apprehending her killing by the in -laws for failure of her parents to make provision of two wheeler and television set, and only after three days had passed, that the family got the tragic news of sad demise of Sanju in in -!aws house. He along with other persons rushed to village Lodipur where they knew that Sanju was poisoned to death and her dead body had been disposed of hurriedly by the in -laws. He put the wheel of criminal law in motion by filing a written complaint before the Police.