PRABHAS MANDAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the State.

(2.) Appellant has been convicted under Section 304-B of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 30,000/- and in default of fine to undergo additional period of simple imprisonment for six months.

(3.) The prosecution case, as alleged in the written report by Amarendra Kumar Mandal, the brother of the victim, is that the victim, Mamta Devi was married with appellant Prabhash Mandal of village Tikapatti (Tirasitola), P.S. Tikapatti, District Purnea in the year 2005 according to Hindu rites and rituals. It is further alleged that after some days of the marriage, Prabhash Mandal, the husband of Mamta Devi demanded motorcycle and used to subject the victim Mamta Devi to cruelty by assaulting her with threat that until and unless her brother gives the motorcycle he will make her life miserable. The further case is that with regard to demand and subjecting cruelty, information was given by the victim to the informant and his family member on telephone. On receiving the information the informant used to go to Sasural of his sister Mamta Devi (victim) at Tikapatti to mediate and make the brother-in-law Prabhash Mandal understand but informant and his sister Sobha Devi and Vijay Kumar Mandal husband of Sobha Devi tried to make the appellant understand not to press his demand. The further case is that on 22.04.2008 at 9:00 A.M. the second sister of the informant Sobha Devi intimated the informant that Mamta Devi has been killed by her husband Prabhash Mandal by administering poison. On this information the informant went to Tikapatti, the Sasural of Mamta Devi but no members of the family were present in the matrimonial home and found Mamta Devi lying dead in her matrimonial home. On inquiry from the neighbours they did not get any satisfactory reply. It is further alleged that smell of thymate, a poisonous substance, was coming out from the mouth of his sister and that Mamta Devi has been done to death for non-fulfilment of demand of dowry by poisoning, as also for not fulfilling the demand of motorcycle.