MUNNA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellants and learned Additional Public Prosecutor.

(2.) All the three Appellants have been convicted under Section(s) 304-B/34 Indian Penal Code and sentenced to undergo rigorous imprisonment for life by judgment of conviction dated 10th Feb., 2011, and order of sentence dated 22nd Feb., 2011, passed by the Additional Sessions Judge, Fast Track Court No. III, Bhagalpur, in Sessions Trial No.440 of 2008 + 486 of 2008/475 of 2009.

(3.) The case of the prosecution according to PW 10 (Seema Devi), mother of the deceased is that she had married the deceased with Appellant Binod Sah on 30.04.2016 and had given gifts at the time of marriage. Six months ' later she was sent to her matrimonial home where she stayed for about three months. When she returned to her paternal home, she complained of being assaulted on small issues by her husband Appellant Binod Sah. Then the matter was pacified and after having remained for about eight months in the maternal home, the Appellant Binod Sah came to take her back. She then told him that his mother-in-law used to always assault her and he assured that he would separate from them. On this assurance she sent her daughter to the matrimonial home about 1 1/2 months back but she used to always call up and say that the Appellants were asking for money and articles and if not given she would be murdered. On 24.12.2007, once again Appellant, Munna Sah, had called up her husband asking for money but he got angry and disconnected the phone. Four days later on 28.12.2007 Appellant, Binod Sah, called her up and said that the deceased had died due to burn injuries. So, she immediately left and on suspecting that she had been burnt by her in-laws instituted the present case before the S.I. Rakesh Kumar Yadav, Officer-in-Charge of Shiv Narayanpur P.S. at 9.30 PM.