VIJOY KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Sec. 498A of the Indian Penal Code and was sentenced to undergo Rl for three years.

(2.) THE prosecution case as disclosed in the fardbeyan of the informant is that his daughter Rita Devi was married to the accused Vijoy Kumar Jha son of Nageshwar Jha of village Boraj, P.S. Hathauri, District -Samastipur, nine years ago. It has been submitted that she had no issue and the accused persons were always demanding cycle, watch, radio and money from the informant. Due to non -fulfilment of dowry demand, his daughter was being assaulted by the accused. The further case of prosecution is that the informant gave Rs. 900.00 to the accused Vijoy Kumar Jha for purchasing cycle and sent his daughter alongwith the accused to her Sasural at Boraj. It has further been submitted that 5 to 6 days before the occurrence, father -in -law of his daughter Nageshwar Jha came at the house of the informant and told him that his daughter was pregnant, so she should be brought to his house for proper care as she was harassed by his son Vijoy Kumar Jha and ' his mother. On 28.6.88 at 9 A.M. a person of village Rajmani who had relation in village Boraj, came at the house of the informant and told him that his daughter was burnt last night and perhaps she was taken away to Baheri or Darbhanga for treatment. On this information the informant proceeded to vilfage Boraj and came to know about the occurrence from villagers Jogendra Jha, Master Markandey Jha, Murlidhar Jha, Raghunath Jha and many others of Boraj village. He was informed that the accused Vijoy Kumar Jha and his mother Sumitra Devi burnt his daughter by sprinkling kerosene oil on her body in the last night at 12 O 'clock. He also learnt from them that Deokant Jha a teacher of Boraj village had also his hand in the alleged occurrence. The informant returned to his village and went to Darbhanga, D.M.C.H. alongwith his wife. He came to know there that the Police had come and taken down the statements of the inmates of the accused in which it was stated that in course of cooking food lamp fell on the head of the victim and she received burnt injuries. On the advice of some people he went at Betta Chowk and gave the statement. His fardbeyan was recorded by S.I. Kamruddin, Officer -in -Charge of Betta O.P on 28.6.88 at 18 hours at Betta O.P The informant alleged that his daughter Rita Devi was burnt to death by sprinkling kerosene oil by the appellant and his mother Sumitra Devi for non -fulfilment of dowry demand. He has further alleged that the inmates of the accused gave false statement about the occurrence before Betta Police. The fardbeyan of the informant was forwarded to Hathauri P.S., District -Samastipur for necessary action. On the basis of his fardbeyan Hathauri P.S. registered Case No. 37/88 under sections 498A and 304B of the Indian Penal Code. On basis of which investigation was done and after completion of investigation charge -sheet was submitted against the accused persons. Accordingly, the learned S.D.J.M., Rosera took cognizance of the offence on 20.3.90. The case was committed to the Court of Sessions for trial.

(3.) THE prosecution in support of its case examined altogether six witnesses.