GAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Priya, Amicus Curiae for the appellant and Mr. Mukeshwar Dayal, learned APP for the State.

(2.) The present appeal is being filed for setting aside the Judgment of conviction dtd. 23/1/2013 and order of sentence dtd. 30/1/2013 passed by the learned Ad-hoc 3rd Additional District and Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 377 of 2011 arising out of Majhaulia P.S. Case No. 58 of 2011 corresponding to G.R. No. 687 of 2011, where the appellant was convicted for the offence punishable under Sec. 304(B) of the Indian Penal Code (hereafter read as 'IPC') to undergo 10 years of rigorous imprisonment.

(3.) The brief facts of the case are that the informant got her daughter Anita Devi married to Bhulan Bhagat s/o Shri Narayan Bhagat on 28/5/2006 according to Hindu Rituals. After the marriage, the informant sent off his daughter with whatever respect he could according to his means. The informant's daughter stayed in Mahanwa for about a year. During this period, the girl told him many times about her mother-in-law, Gaya Devi and husband Bhulan Bhagat that they were constantly pressurizing and harassing her to give fifty thousand rupees more in dowry. Then the informant somehow took his daughter to his home in Mangalpur Gudaria. Due to the dowry incident and harassment caused to his daughter, he filed a case under the Dowry Act in the Court. After the case, with the support of the society of Mahanwa village, on 11/5/2008, the girl was taken to her husband's house in Mangalpur Gudaria and Bhulan Bhagat and his mother were reconciled with the informant's daughter in the Panchayat by the Panchs on the condition that they will not harass the girl in any way and will not demand dowry. If the girl complains again, then whatever punishment the society and law give will be accepted. Keeping in mind the prestige of the society, she went to Mahanwa from the court on 11/5/2008. After a few days, Anita Devi informed him that her husband and mother-in-law were again harassing her and demanding dowry. The informant and his brother Prasad Bhagat came to Mahanwa and asked his daughter's in-laws to send his daughter with him. On this, Bhulan Bhagat said that he will not send her away. The informant informed this to many people of his village including Rajinder Singh, Laxman Thakur, Vag Yadav Chandrashekhar Chaurasia. On 10/3/2011, at about 9 o'clock in the morning, the informant's son-in-law, Bhulan Bhagat called the informant on mobile and told him that his daughter was unwell on which the informant's wife asked him to come to Mangalpur Gudaria so that their daughter would be treated. Again at 3 o'clock, information was received by some unknown person that Anita Devi's mother-in-law Gaya Devi and husband Bhulan Bhagat had burnt her by sprinkling kerosene on her body and setting her on fire. On receiving the information, the informant, along with his brother Prasad Bhagat, Chandrashekhar Chaurasia and Rajindra Singh, besides Thug Yadav, Laxman Thakur, Munni Chaurasia, Jawahar Yadav, Darshan Chaurasia, came to his daughter Anita's house in a Bolero car where the informant's daughter was lying dead in a burnt state. The informant's statement was recorded by Majhauliya police and on the basis of the said statement, a First Information Report was filed against the accused Gaya Devi and Bhulan Bhagat under Sec. 304(B) of the IPC and the police started the investigation.