DHANANJAY SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Dhananjay Srivastava has been found guilty for an offence punishable under Section 304B of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years vide judgment of conviction dated 22.01.2015 and order of sentence dated 30.01.2015 passed by the Adhoc Additional Sessions Judge-8th, Bhojpur at Ara in Sessions Trial No.440 of 2013.

(2.) Deceased, Babli Devi furnished written report disclosing therein that she happens to be two brothers and a sister. She is resident of Farahanpur. Marriage of her elder brother took place in the Year 2010 with the eldest daughter of Binay Chandra Akhauri of village-Kaithakori, P.S.-Sandesh. Since thereafter, cousin brother-inlaw (Chachera Sala) of her brother namely Dhananjay Srivastava began to visit her place frequently and during aforesaid event, under deceitful manner, advancing proposal to marry, took her at Trikaal Temple where he put vermilion and then, accompanied her to Delhi. Her family members became perplexed. She also suffered from anxiety, whereunder pressed Dhananjay Srivastava to bring back to her place as a result of which, he took her to Ara. After their arrival, she informed her mother, whereupon she came. She disclosed the intermediary event. Her mother took her to her place. Dhananjay Srivastava also accompanied. Then thereafter, the family members of Dhananjay Srivastava were also informed. Parents of Dhananjay Srivastava came at her place. During conversation, they demanded Rs.1,00,000/- in cash, one motorcycle, ornaments, utensils and further, after solemnization of marriage at temple, they assured to accompany her to her sasural. Anyhow, her parents paid Rs.80,000/- cash, Rs.51,000/- against motorcycle as well as also provided ornaments, ear-ring, chain, Bangle, television, utensils etc. Thereafter, marriage was solemnized at Koilwar Temple as per Hindu Rites & Rituals. Then thereafter, she had gone to her sasural. Just after staying for 4-5 days at her sasural, her sasuralwala advanced demand of Rs.1,00,000/- cash. Two days thereafter, her father-in-law Binay Chandra Akhauri intruded in her room and molested her, whereupon she raised alarm and on that very pretext, she was brutally assaulted. On 19.12.2012, her sister-in-law Anku Kumari sprinkled kerosene oil over her after having her hand as well as leg tied by her father-in-law Binay Chandra Akhauri and then, her mother-in-law lit fire over her. At that very time, her younger sister-in-law Anku Kumari closed the door and was standing with another bucket of kerosene. Her husband enticed them to burn. Flour mill is installed in her courtyard where some villagers came, who raised alarm as a result of which, other villagers came, rescued her by extinguishing the fire. Uncle of her husband is a quack, who was entrusted with the treatment. The accused persons snatched away her mobile. Her parents were not informed. In due course of time, some of the villagers might have informed her parents whereupon, her parents came, took her to Sadar Hospital, Bhojpur at Ara where her treatment is going on. She had further disclosed that her husband came to her Naihar and has threatened that if case is registered, then in that event, he will commit suicide at her place and will implicate the whole family. So, out of fear, no information was given at an earlier occasion.

(3.) On the basis of the aforesaid written report, Ara Sadar Mahila P. S. Case No.27 of 2013 was registered, followed with investigation during course of which, statement of witnesses including further statement of informant were recorded. However, deceased died whereupon, Section 304B of I.P.C. was added and after completing investigation, chargesheet was submitted as a result of which, the trial commenced before the Court of Sessions, which ultimately culminated in a manner, the subject matter of instant appeal.