BIRJU PATHAK AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) Fardbeyan was recorded on 6.6.2010 at 12.15 at Hati P.S. and on the fardbeyan of the informant recorded by SI B. Upadhaya and on the basis of Fardbeyan, F.I.R. lodged. Investigation proceeded. After investigation, charge- sheet submitted, cognizance was taken, and case was committed to Court of Session. Charge framed under Sections 304(B) and 201/34, of the Indian Penal Code. During trial seven witnesses were examined on behalf of the prosecution as PW1 Neha Kumari, PW 2 Shyam Chandra Jha, PW 3 Shanti Devi, PW 4 Bipin Kumar Jha, PW 5 Harish Chandra Jha, PW 6 Dr. Shankar Chaudhary and PW 7 Becha Upadhyaya. Besides oral evidence, the prosecution has also adduced documentary evidence as Exhibit-1 signature of informant over Fardbeyan, Exhibit-2 post-mortem report of the deceased Babita Devi, Exhibit-3 Fardbeyan, Exhibit- 4 Formal F.I.R., Exhibit-5 inquest report and Exhibit-6 seizure list. Defence has also adduced documentary evidence as Exhibit-A prescription of Brijendra Pathak issued by Dr. Sagarmal Agrawal, Exhibit A/2 prescription issued by Dr. B.N. Josi, Exhibit-A/2 prescription issued by Dr. S.N. Jha.

(3.) The Trial Court taking into consideration the oral and documentary Evidence convicted all the appellants and sentenced as mentioned above holding that there was demand and subjecting cruelty for non-fulfilment of the demand and death has been caused within seven years of marriage of the deceased in suspicious circumstance and hence presumption against the appellants has been discharged to have dowry death.