BIHARI SONAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appellants have preferred this Appeal against their conviction for the offence under Section 304(B)/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for 10 years and appellant, Bihari Sonar, has further been convicted for the offence under Section 4 of the Dowry Prohibition Act and sentence to undergo rigorous imprisonment for six months and to pay a fine of Rs.5,000/ -, in default, further rigorous imprisonment for 2 months as awarded on 10th February 1998. by the learned 3rd Additional Sessions Judge, Bhabua in Sessions Trial No.701/68 of 1992/ 1997 arising out of Chainpur P.S. Case No. 134/92.

(2.) THE prosecution case in short as reveals from Ext.3, the Fardbeyan of PW -3, Antu Paswan the village Chaukidar recorded on 22nd June 1992 at 10:00 hours by Sub -Inspector, Chaudhary Prakash Narain, PW -8 at the place of occurrence is that when the informant arrived at the village at about 08:00 A.M. learnt that wife of appellant, Babu Lal Sonar, burnt dead in the previous night and when he went there found her dead in a room giving look of killing by family members who had left the place and earlier also she was not only tortured by them but also thrown out of the house complaining of bringing lesser dowry and father of the deceased, PW -6 resident of Banaras during his frequent visits assure to fulfill their demand but nothing could be done. Even in the previous night at about 11:00 P.M. the co -villager could hear some cries and marriage of the deceased was performed just within three years.

(3.) OUT of eight prosecution witnesses, PW -1, Ram Bachan Singh, a school teacher has come to state that while he was sleeping at his roof could see flames in the house of the appellants and coming bad smell. He along with others arrived there and after knocking for substantial time the door was opened by the appellant no.3 and where they found the deceased dead. There were other members also besides the appellants but none could disclose the reason behind such incident and further said that there was differences for some sort of dowry for which panchayati etc. was also held recently. In cross -examination, this witness explained the reasons for non -intimating the police in the night and non -participating in panchayati etc. Even about throwing out the deceased from the house he claims to be hearse witness. Subsequently, this witness was re -examined on call and at this stage stated a bit different story.