SARAFAT AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Sarafat Ahmad has been found guilty for an offence punishable under Section 304B/34 of the IPC and sentenced to undergo RI for 10 years as well as to pay fine of Rs. 25,000/- in default thereof, to undergo SI for 1 year additionally, vide judgment of conviction dated 01.09.2015 and order of sentence dated 10.09.2015 passed by learned Additional Sessions Judge-1 st, Bhabhua, Kaimur in Sessions Trial No. 05/2014/03/2014.

(2.) Israr Mohammad (PW 7) filed a written report on 17.07.2013 alleging inter alia that his daughter Shahnaz Bibi was married with Md. Sarafat Ahmad son of Sohrab Ahmad of villageGarra on 15.05.2012 About a month ago, he had gifted one TV even then his daughter was subjected to torture and cruelty on account of non fulfillment of demand of dowry, a motorcycle. Yesterday, i.e. on 16.07.2013 at about 7:00 PM, she had dialed over his mobile and disclosed that on account of non providing of motorcycle, she was being assaulted. He consoled her. Just after about an hour, at about 8:00 PM , he was informed that she was burnt. Just after receiving the information, he along with others proceeded and reached at VillageGarra, Sasural of his daughter at about 2:00 AM and found her in burnt condition. She was being treated by the local quack. His daughter disclosed that Sarafat Ahmad, Asma Bibi, Rukhsana Bibi and Rizwana Khatoon conjointly burnt her. About half an hour thereafter, she succumbed.

(3.) On the basis of the aforesaid written report, Kuchila PS Case No. 10/2013 was registered followed with an investigation. Because of the fact that Sarafat was apprehended during course of investigation, on account thereof, charge-sheet was submitted against him keeping the investigation pending against remaining accused on the basis of which, cognizance of an offence was taken and then, thereafter, the trial commenced before the court of sessions on commitment which ultimately met with result adverse to the appellant, subject matter of this appeal.