KANTI DEVI @ KUNTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Kanti Devi and Ganori Yadav have been found guilty for an offence punishable under Section 304B/34 of the Indian Penal Code and each of them has been directed to undergo rigorous imprisonment for seven years vide judgment of conviction and sentence dated 20.03.2012 rendered by the Additional Sessions Judge -II, Patna in Sessions Trial No.687 of 2011/ 55 of 2011 have challenged the same under present appeal.

(2.) DECEASED Guriya Devi gave her fard -beyan (Exhibit -3) on 17.10.2010 at 3.30 p.m. at emergency ward of P.M.C.H., Patna in burnt condition before police official of Pirbahore P. S. disclosing therein that her marriage was solemnized about four years ago and she has a son about one year. Since her stay at her sasural her husband was enticing her to bring Rs.20,000/ - (Rs. Twenty thousand) and a motorcycle in lieu of dowry from her Maika which she always refused. She had also made complaint to her father as well as brother at her count and on account thereof, they have come to her sasural and talked over the subject even then her husband continued with his insistence. Now a days he used to come in drunken state where under she was severely tortured on the pretext of fulfillment of aforesaid items. She again informed her Maika whereupon her brother had approached the police station who apprehended her husband. However, released him after scolding him even then her husband continued with his nefarious activities. Lastly, on 16.10.2010 at about 6.30 p.m. her husband Ganori Yadav and her mother in -law both have sprinkled kerosene and lit fire. She raised alarm attracting the neighbours who extinguished fire and then, at whose instance, her husband after admitting her at P.M.C.H. fled away. The aforesaid fard -beyan was given in presence of Raj Kishore Rai, her brother (PW -2).

(3.) THE defence case as is evident from mode of cross -examination as well as from the statement so recorded under Section 313 of the Cr. P. C. is of complete denial of occurrence. However, neither any PW nor any exhibit has been made.