RAMASHISH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment dated 03.06.2017 and order of sentence dated 07.06.2017 passed by Sri Ram Lal Sharma, 1st Additional District & Sessions Judge, Banka, in S.T. No. 132 of 2012, whereby the appellant was convicted for the offence punishable under Sections 304(B) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of seven years.

(2.) Facts indispensable for adjudication of present appeal are that informant filed a written application before the Incharge Shambhuganj police station stating therein that marriage of her daughter (deceased), namely, Nilam Devi was solemnized with appellant-Ramashish Sah, according to Hindu rights and customs in the year 2004 and, thereafter, she was living in her Sasural, where she gave birth to a son and a daughter but she was being tortured both physically and mentally for demand of cash and a T.V. It has further been stated that on 04.08.2011, informant received a phone call that her daughter has died due to fall in the well, thereafter, informant along with other family members went to the place of occurrence and found the dead body of the deceased lying in the Veranda of the house of the appellant and further found blood near her ear and an injury on her mouth. Further on enquiry from the villagers, they told her that they did not see and hear about the fall of deceased into the well, thereafter, she went to the Shambhuganj police station for reporting the matter. She further stated that she had belief that her son-in-law has killed the deceased for non fulfillment of demand of dowry.

(3.) On the basis of above written application Shambhuganj P.S. Case No. 93 of 2011 under Section 304(B) of the Indian Penal Code was registered against the appellant and police after investigation submitted charge-sheet against the appellant under Section 304(B) Indian Penal Code.