LAWS(PAT)-2014-4-54

MINA DEVI Vs. STATE OF BIHAR

Decided On April 25, 2014
MINA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) BOTH the appellants namely, Mina Devi (mother -in - law of deceased, Pinki Kumari @ Bullu Kumari) and Bikran Kumar (husband of deceased, Pinki Kumari @ Bullu Kumari) have been found guilty for an offence punishable under Sections 304(B) of the IPC vide judgment dated 24.03.2012 and each one has been directed to undergo RI for 10 years vide order of sentence dated 27.03.2012 passed by Additional Sessions Judge -FTC -II, Sitamarhi in Sessions Trial No. 161 of 2000/ 89 of 2009 have challenged the same under instant appeal.

(2.) RAM Niranjan Singh (PW -3) had recorded his Fard -e -beyan at his house lying at village -Gargatta before Officer -in - charge, Runni Saidpur P.S. on 18.02.1999 at about 12:05 p.m. along with his brother Ram Dahin Singh (PW -11) disclosing therein that his Patna High Court CR. APP (SJ) No.252 of 2012 dt.25 -04 -2014 2 daughter Pinki Kumari @ Bullu Kumari was married with Bikrant Kumar son of Arun Kumar Singh of Villager -Gorhari, P.S. -Bela, Distt -Sitamarhi in the year 1996. At that very time, he had given dowry according to his means. After marriage, his daughter was residing in her Sasural and occasionally visited her Naihar. She had begotten a daughter who is aged about 1 and 1/2 years. Then, it has been asserted that his daughter was subjected to cruelty and harassment for fulfilment of demand of dowry in the form of motorcycle which she had repeatedly informed. To save his daughter from consistent torturous treatment at the end of her in -laws, he had provided second hand Rajdoot Motorcycle. Even thereafter, they did not stop demanding dowry rather frequent demand was being advanced for Rs. 10,000/ - 5,000/ - at due interval by her in -laws over which he had shown his inability. They did not feel quiet. On his repeated request not to torture his daughter. Apart from torturing his daughter they even did not permit his daughter to have meal and on account thereof, for days together she faced starvation. All these things were being reported to them as well as to his wife by the daughter. He had repeatedly tried to get the matter pacified, however, that did not persuade.

(3.) ON the basis of aforesaid Fard -e -beyan, Bela P.S. Case No. 10 of 1999 was registered whereupon investigation commenced and after concluding the same, charge -sheet was submitted facilitating the trial of appellants meeting with ultimate result, the subject matter of instant appeal.