RAJESH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Beer Narain Gupta, Gauri Devi of Cr. Appeal No.247 of 2011 as well as appellant Rajesh Gupta of Cr. Appeal No.308 of 2011 have been found guilty for an offence punishable under Sections 304B, 201 of the I.P.C. as well as each of them has been sentenced to undergo rigorous imprisonment for seven years under Section 304B of the I.P.C., rigorous imprisonment for three years as well as fined appertaining to Rs. One thousand in default thereof, to undergo rigorous imprisonment for three months additionally under Section 201 of the I.P.C. by the 1st Additional Sessions Judge, Purnia vide judgment of conviction and sentence dated 10.02.2011 in Sessions Trial No.478 of 2009/

(2.) OF 2011 challenged the same and on account thereof, have been heard together and are being disposed of by a common judgment. 2. PW -5 Shivji Prasad had recorded first information report on 04.06.2006 at about 4.45 p.m. at Banmankhi P.S. disclosing therein that he has superannuated from Army. He has two sons and a daughter. His daughter Punam Gupta has been married with Rajesh Gupta, son of Beer Narain Gupta of village Banmankhi Khokhardhara on 11.12.2000. At the time of marriage, he had gifted cash appertaining to Rs.1,50,000/ -, ornaments detailed therein (comprising gold as well as silver), utensils, television, fridge, cooler, washing machine, sewing machine, Hero Honda Splendor motorcycle, furniture (detailed) etc.. After marriage, his daughter came at her Sasural from where they effected ,,Bidai after staying for 5 -6 days. After six months her ,,Duragman was effected and since thereafter, she was residing at her Sasural in congenial harmonious atmosphere. As his daughter failed to give birth of a child, just a year of marriage, her husband and in -laws began to torture her. Aforesaid information was being given by his daughter telephonically. The event of torture continued. Her in -laws have directed his daughter to obtain new motorcycle. Just to ward off the situation, he had provided new Hero Honda Splendor Motorcycle after purchasing it from Military Canteen whereupon she lived under fondness for sometime was again subjected to torture by his son in -law Rajesh Gupta, Samdhi Beer Narain Gupta, Samdhin Smt. Gauri Gupta. He used to come during intervening period and requested times without number not to treat his daughter with cruelty as well as torture, but they did not pay heed to it. On 26.05.2006, when he came to Banmankhi to see his daughter, his Samdhi disclosed that she died out of dysentery. On his query regarding non -informing the incident to him, his Samdhi Beer Narain Gupta along with 4 -5 persons forcibly thrusted them in a train and on account thereof, they left the place. Today, he along with others has come directly to Police Station. He had further shown the date of occurrence as 20.05.2006, so disclosed by his Samdhi as well as others.

(3.) THE defence case as is evident from mode of cross -examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence. There happens to be specific plea that deceased Punam Gupta unfortunately suffered from diarrhea and vomiting and for that she was properly cared under the supervision of Dr. Jagannath Gupta and while she was under his treatment, she met with unfortunate death. To support the same, defence had also examined two DWs along with series of exhibits.