LAWS(PAT)-1995-1-30

ASHOK PODDAR Vs. STATE OF BIHAR

Decided On January 20, 1995
ASHOK PODDAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This is the criminal appeal against the judgment and order dated 21st September, 1994 passed by the Sessions Judge, Deoghar in Sessions Trial No. 198 of 1992 where the learned Sessions Judge held all these three accused-appellants guilty for the offence punishable under Section 304-B of the Indian Penal Code and awarded the sentence of ten years rigorous imprisonment.

(2.) The informant Ram Prasad Poddar (father of his young married daughter Sudama Devi) gave a long written report at the Police Station on 25th May, 1992 with the allegations that he married his daughter Sudama Devi with accused-appellant, Ashok Poddar in the month of Asardh of the year 1991 and he gave Rs. 10,000 (ten thousand) case and ornaments worth Rs. 5,000 (five thousand) by way of dowry in the marriage of his 'daughter Sudama Devi and he promised to pay a balance sum of Rs. 2,000 (two thousand) to the son-in law and his father later on. This accused-appellant, Ashok Poddar and Vijay Poddar started making a demand of wrist watch, bicycle besides rupees two thousand. Further the son-in-law Ashok Podder started making a demand of Rupees five thousand for starting his new business for the livelihood.

(3.) It has been alleged further in the first information report that after some time this accused-appellant, Ashok Poddar come to his house and informed that Sudama Devi had pain in hsr abdomen and he came to the house of his son-in-law, where his daughter complained that she was being beaten and was being tortured by her husband and mother-in-law. He brought his daughter to her parent's house, and after some time Ashok Poddar came and snatched the earrings of Sudama Devi. later on in February, 1992 Ashok Poddar came to his house and he gave a sum of Rupees one thousand cash to him and he took his wife Sudama Devi to his village home. Again Ashok Poddar started assaulting and torturing his daughter Sudama Devi. On 25.5-1992 at about 7.30 a.m. Salik Podder came to his village and told that Sudama Devi was burnt to death. He came to the house of his son-in-law and he came to know from the persons of the locality that his daughter Sudama Devi was burnt to death by these acccused appellants.