SUKUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Sukumar Gupta has been convicted under Section 302/ 498-A of the Indian Penal Code and sentenced to life imprisonment under the former court and three years under the later count. He has also been sentenced to pay a fine of Rs. 5.000/-

(2.) The appellant was charged, tried and convicted for the murder of his wife Soma Guta on 14-12- 1988. The appellant had married the deceased about five years prior to the occurrence. It was a love marriage. A son Totan Gupta had born out of wedlock. It was alleged that though it was a love marriage the appellant after six months of marriage started demanding motorcycle and money from the informant. The informant being a poor man could not fulfil the demand of the appellant. It is stated that the appellant was ill treating his wife on this account.

(3.) The appellant the deceased and the informant (father of the deceased) lived in the same Mohalla (Jhulan Mandir) in Kishangarij. The informant and his brother were doing coal business. In the morning of 14-12-1988 at 8.30 a.m. Amit Kumar PW5, who was cousin of the deceased happened to go to the flat of the appellant. He had gone there to bring Totan Gupta. He saw the appellant assaulting the deceased with fists and slaps and she was crying. Amit Kumar Das returned and informed. Sukumar Das about the incident. He again went to the house of the appellant and found his sister burning and she was crying that her husband had burnt her.