STATE OF BIHAR Vs. BIJAY KUMAR SINGH

JUDGEMENT

(1.) The present Government Appeal is directed against the judgment of acquittal passed by the learned Sessions Judge, Sitamarhi on 4.9.1991 in Sessions Trial No.221 of 1990, by which the learned Judge acquitted the respondents of charge under Section 302 read with 34 I.P.C.

(2.) The prosecution case was contained in the written report (Exhibit 2) of Birchandra Tiwari (P.W.6). Before we come to the allegations, we want to note down some of the undisputed facts. Deceased Shailja @ Kiran, aged about 30 years, was married to respondent Bijay Kumar Singh in the year 1981. It also appears admitted that on or about 13.5.1990 the deceased Shailja @ Kiran was residing in the house of her husband and further that she died there. Another undisputed fact was that the dead body of Shailja @ Kiran was cremated by the accused persons and, probably, without informing the parents of Shailja @ Kiran.

(3.) The allegation was that soon after being married Shailja @ Kiran was being ill-treated and tortured because she had not brought sufficient or satisfactory dowry as per the expectations of the accused persons, who were also holding out threats to her of deserting her and that in their view, they had slapped many false allegations of domestic misbehaviour upon Shailja @ Kiran. The situation appears so strained and estranged both, that while the husband had filed a suit for dissolution of his marriage to the lady, she had also filed a petition under Section 125 Cr.P.C. seeking maintenance from her husband in a Court in Bolpur, West Bengal.