DASHRATH BHUIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment dated 20.6.2002 and order dated 21.6.2000 passed in Sessions Trial No. 52/2000/374/2000 (SJ) by 5th Additional Sessions Judge, Gaya, Sri Ram Pravesh Sharma whereby he has been pleased to convict the sole appellant Dashrath Bhuiyan under Sections 306 and 498A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years under Section 306, IPC and rigorous imprisonment for three years under Section 498A of the IPC.

(2.) The prosecution case, as per the Fardbeyan of Kuleshwari Devi, wife of late Bhuneshwar Bhuiyan of village Monia, P.S. Imamganj, District Gaya recorded by A.P. Mandal, O/C, Banke Bazar, Gaya on 8.10.1999 at 8.15 hours at village Singhpur Tola Naukadih, Police Station Imamganj, in brief, is that the informant's daughter Lalti Devi was married with appellant Dashrath Bhuiyan about 10 to 15 years ago. From the said marriage she gave birth to a male child aged about 5-6 years old and a female child aged about two years. About 4-5 months back, informant's daughter had come to her house (Maika) and told the informant that her husband Dashrath Bhuiyan (appellant) was having illicit relation with Maini Devi, niece of Jagu Bhuiyan and due to that her husband always used to assault her. She also told the informant that her husband used to put pressure upon her to commit suicide so that he may get an opportunity to marry with Maini Devi. After getting the above information from her daughter, the informant went to the Sasural of Lalti Devi and tried to persuade her son-in-law not to misbehave with her daughter but appellant Dashrath Bhuiyan did not listen to the advice of the informant and then the informant's daughter started living in village Monia along with the informant. Further case is that yesterday i.e. 7.10.1999 (on Thursday) at about 4-5 p.m. the informant along with her daughter Lalti Devi went to the house of her son-in-law and approached the family members of her son-in-law for negotiation but they refused to do any negotiation. When the informant's daughter made inquiry about the general condition of her in-laws, her in-laws did not give any reply. During the talk, it became dark and so, informant's daughter stayed in her Sasural whereas the informant herself stayed in the house of her relative namely, Madan Bhuiyan. On the next morning, she again went to the house of her son-in-law and then she noticed that every member of the house of her son-in-law was sitting in sad mood and they were whispering among themselves. Nobody talked with the informant. However, the informant went inside the house and entered into the room of her daughter and then she saw her daughter lying dead in the room with burn injuries. Seeing the dead body of her daughter she wanted to return back to village Monia to call his son. In the meantime, she was informed that the police had already arrived at village Naukadih and so she stayed back and gave her fardbeyan before the police. The motive of the occurrence was that her son-in-law had illicit relation with another girl and due to that illicit relation he used to torture her daughter. Her daughter was fed up with the behaviour of her husband and so she committed suicide by burning herself.

(3.) The fardbeyan of the informant was forwarded to O/C Raushanganj Police Station on the basis of which Raushanganj (Bankey Bazar) P.S. Case No. 40/99 under Sections 306 and 498A of the Indian Penal Code was instituted and investigation of the case was handed over to the Sub-Inspector of Police, A.P. Mandal of Banke Bazar Police Station who investigated the case and submitted charge-sheet against the appellant.