OM NARAYAN MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

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

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

(3.) The prosecution case, as alleged in the First Information Report drawn on the basis of fardbeyan of Dhaneshwari Devi the mother of the victim, is that she solemnized marriage of her daughter Sajani Devi with Om Narayan Mahto the appellant and at the time of her marriage she gave 30 Bhar Silver, 1/2 Bhar gold, utensils, cycle, one animal and cash worth Rs. 5,000/ - to the appellant. The further case is that family members of the in -laws of the victim sold the entire articles given by her and thereafter the appellant used to demand motorcycle. The further case is that the informant, anyhow, managed to give him Rs. 5,000/ - about a month ago whereas there was demand of Rs. 25,000/ -. In this connection, the daughter of the informant disclosed to the in -laws that her mother being poor would not be able to give any money. On 18.07.2011 at 4:00 P.M. the appellant, Anil Kumar Mahto, Sagar Kumar Mahto, Jyoti Kumari, all sons/daughter of Laxmi Narayan Mahto, Sonawati Devi and Laxmi Narayan Mahto assaulted the victim and ousted her from the matrimonial house. Thereafter the daughter of the informant remained standing on the road out side the house for coming to her Naiher at village Pothimari. In the meantime, the appellant came and dragged her by force to his house and assaulted her indiscriminately with lathi, danda, fists and slaps as well as by the chain of bicycle, as a result of which she died. The information regarding the occurrence was given to the informant by one Hira Lal Mahto the son -in -law of the sister of the informant on telephone (mobile) and then the informant rushed to the Sasural and found her daughter lying dead in her Sasural. Hence, it has been claimed that the appellant/accused persons committed murder of the daughter of the informant for non -fulfilment of the demand of dowry by subjecting her cruelty and assault.