MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Meena Devi who has been found guilty for an offence punishable under Section 304(B) IPC, 498(A) IPC, 323 IPC, 4 of Dowry Prohibition Act vide judgment dated 06 -08 -2011 and directed to undergo R.I. for seven years, R.I. for three years as well as fined Rs.2000/ -, R.I. for one year, R.I. for two years as well as fined Rs.3000/ - and in default thereof to undergo period of three months incarceration additionally with a further direction to run the sentences concurrently vide order dated 09.08.2011 by Ad -hoc Additional Sessions Judge, VI t h , Saharsa in Sessions Trial No.50 of 2009 has challenged the same under instant appeal.

(2.) PW -5, Bhuto Paswan, Chowkidar gave his fardbeyan on 08 -04 -2006 alleging inter alia that on the same day at about 08:00 A.M. , while he was at his house came to know that wife of Sanjay Das has died on account of assault made by Sanjay Das in th e preceding night. He has gone to the house of Sanjay Das and found him absconding. Dead body of Mamta Devi was lying at the Verandah of a room facing East , froth was coming out. On query, villagers have disclosed that since a week quarrel was going on in between father, mother and Sanjay Das at one side with the deceased at other and on account thereof, mother of Sanjay Das had gone to Naya Nagar. Thereafter, Sanjay Das abused his wife as well as had also assaulted her. They have also disclosed that on account of lecherous conduct of Sanjay Das during course of conversation with women coming at his flour mill, quarrel amongst spouse was a regular feature and in the aforesaid background, he has apprehension that after departure of father and mother, in connivance thereof by way of administering poison had committed murder.

(3.) BECAUSE of the fact that there happens to be inherent lapses at the part of the trial court during conduction of trial, therefore the merit of the case is not being discussed.