(1.) The sole appellant was put on trial before 2nd Additional Sessions Judge, Bhojpur, Arrah in Session trial No. 120 of 1992 for the offence under Sections 304-B, 316 and 498- A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, who has convicted him under Section 304-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life, under Section 498-A and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000 and in default to undergo further rigorous imprisonment for three months, under Section 316 of the Indian Penal Code and has sentenced him to undergo rigorous imprisonment for seven years and under Section 3/4 of the Dowry Prohibition Act and sentenced him to undergo rigorous imprisonment for six months. However, he has directed that all the sentences awarded against the petitioner shall run concurrently.
(2.) Shamsad Begum alias Munni, the deceased, born from the wedlock of Abdul Salam (P.W. 1) and Tahira Begnm (P.W. 7) resident of village Milki Anite, Arrah town was married to appellant Nizamuddin, resident of village Koilwar on 7.6.1987. A son was born out of the aforesaid wedlock in the year 1988 and at the time of the alleged murder of the deceased was carrying a pregnancy of about 7 to 8 months.
(3.) The prosecution case, in brief, is that at the time of marriage sufficient dowry was given by the father and other family members of the deceased according to their means. Even after the marriage the appellant used to demand different items as dowry, which was being fulfilled by Abdul Salam (P. W. 1) father of the girl. Two months prior to the occurrence the appellant demanded a dressing table which was also given, even then he was not satisfied. On the other hand, he used to subject the deceased to cruelty and harassment and has assaulted her. On 19.12.1989 at about 7.00 a.m. one person from village Koilwar came at the house of the father of the deceased and informed that in the midnight at about 1.30 a.m. Samsad Begum alias Munni the deceased had died. On enquiry as to the cause of death the said person showed his ignorance. On hearing the news of death of the deceased Samsad Begum the informant namely, Md. Jamal Akhtar, brother of the deceased (P.W. 8), mother of the deceased (P.W. 7) and other went to village Koilwar. They noticed that the deceased was done to death by pressing her neck by the appellant for nonpayment of dowry.