SHAILESH RAY Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) This appeal arises out of judgment of conviction dated 26.02.2014 and order of sentence dated 03.03.2014 passed by Sri Om Prakash Singh -II, Ad -hoc Additional District & Sessions Judge -III, Siwan, in Sessions Trial No. 25 of 2013 (arising out of Duranda P.S. Case No. 2 of 2011) (G.R. No. 8 of 2011) by which the appellant Asharfi Gupta had been convicted for offence under Sec. 304B and sentenced to undergo rigorous imprisonment for ten years further convicted for offence under Sec. 201 of Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and further payment of fine of Rs. 5000/ - and in non -payment of fine further simple imprisonment for six months and both the sentences were ordered to run concurrently.

(3.) The prosecution case as alleged in the First Information Report on the basis of complaint bearing Complaint Case No. 2990 of 2010 by the complainant/informant Chandrama Ray alleging therein that Ranjita Devi, the daughter of the informant was married on 31.05.2010 with accused No. 1 Shailesh Ray. After marriage Ranjita Devi went to her sasural on 01.06.2010 at Village -Rasulpur, P.S. Duranda, District - Siwan. There is allegation that after Bidai, the victim came to her sasural then demand for Colour T.V., Herohonda motorcycle and golden chain was made and also started subjected her to cruelty. The uncle -in -law Rameshwar Ray used to demand to bring the articles mentioned above from her naihar, else she will be killed. Further case of the prosecution that husband Shailash Ray and her mother -in -law Kusuma Kuar used to brutally assaulted Ranjita Devi and Ranjita Devi got unconscious due to assault and she was not provided food and they used to subject her to cruelty for non -fulfillment of demand and threatened that unless demand is fulfill, she will not be provided food. Further case is that prosecution party used to come to sasural of the victim of hearing the news of subjecting cruelty and assured them to fulfill their demand when their economic condition is improves. Ultimately, when demand was not fulfilled then on 10.12.2010 the victim was done to death by administering her poison and dead body had been disposed off and intimation was given to her father of the victim. When father of the victim went to her sasural he found that door of the accused persons was closed and on enquiry about daughter of the informant, Rameshwar Ray disclosed that they have been done to death of the victim by administering her poison and dead body had been disposed off.