HARENDRA THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years for offence under Section 304B of the Penal Code.

(3.) The prosecution case, as alleged in the fardbeyan, recorded by Assistant Sub Inspector of Police, Motai Sawaiya (P.W. 11) of Sitamarhi Police Station given by the victim-informant, Sangeeta Devi, at about 06.40 A.M. on 03.04.2010 at Sadar Hospital, during her treatment in presence of her father, Dasai Thakur (P.W. 10) that her marriage was solemnized last year, in 2009, with Harendra Thakur, son of Rajendra Thakur, resident of Kabara, P.S. Sursand. At the time of marriage her father gave Rs. 25,000/-, gold ear-ring, silver pattibhar and buffalo calf, bidai perform on 10.04.2010, for some time the husband and wife remained well, but, after spending some day, her husband, Harendra Thakur, started demanding motorcycle from her parents, then, she disclosed that her father is poor and will not be able to give motorcycle, on which he used to assault her and asked her to go from matrimonial home to her parent's home. The, further, case is that the father-in-law and mother-in-law also subjected her to cruelty for not bringing the motorcycle. On 02.04.2010 while she was sleeping on her bed, then, her husband sprinkled kerosene oil on her body and her on fire on which she made a hulla to save her, then, the neighbours came from the nearby and set off the fire. Some one of the village informed her parents on telephone, then, her parents came in the village and took her to Sadar Hospital, Sitamarhi, for treatment where she was treated. The said fardbeyan was recorded on 03.04.2010 at Sadar Hospital and forwarded to Station House Officer, Sursand Police Station, by the Station House Officer, Sitamarhi, and on receiving the said fardbeyan at Sursand Police Station, an endorsement was made on that fardbeyan to register Sursand P.S. Case No. 40, dated 04.04.2010 under sections 323, 324, 307 and 498A of the Penal Code and 3 and 4 of the Dowry Prohibition Act and the investigation was taken up by Station House Officer, Sursand Police Station. However, subsequently the victim's death Section 304B of the Penal Code added.