CHANDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 20.9.1994 of Sri R.P. Rai, Sessions Judge, Katihar, in Sessions Case No. 218/92 whereby the appellants have been convicted under Section 304B read with Section 120B, IPC and each of them have been sentenced to undergo rigorous imprisonment for life.

(2.) Appellant Chandan Rai was married. with Sumita daughter of Ram Briksha Mahto, a railway servant, in the year 1990. The appellant was living in Durgasthan Colony No. 1 in the town of Katihar. After the marriage in 1990 Sumita was living in her sasrual at Katihar with her husband, mother-in-law and sister-in-law. She stayed in her husband's house for about eight months when she was brought to Kaliagunj, North Dinajpur district of West Bengal by her father. She was pregnant at that time. She is alleged to have told her father that behaviour of her husband, mother-in-law and sister-in-law was not good. They tortured her on account of not giving any dowry in marriage. A son was born to Sumita and she remained at her father's place for six months. During this period the appellant Chandan Rai used to visit his wife. Appellant Chandan Rai wanted to take Sumita back with him, but the father-in-law of the appellant did not allow Sumita to go with him on account of fear of being tortured at the hands of the appellants. The appellant Chandan Rai is said to have given a beating to his wife because she had disclosed the factum of torture to her father. This appellant returned without his wife. He again went to Kaliagunj along with one Bhola Mandal who requested father-in-law of the appellant to allow Sumita to go with them. Bhola Mandal assured him that in future the accused persons would not mis-behave with Sumita. However, Sumita on her part did not agree to go with her husband. She was apprehensive that she would be murdered by the appellants. After persuasion by her father, she went with her husband on 28.4.1992.

(3.) On 6.5.1992 Sumita was found dead in her bedroom with severe burn injuries. In the morning, according to the version of the appellant Chandan Rai, he was washing his mouth outside the house. The newly born son was with him. He then went to take bath at the tap outside the house. When he returned after taking bath, he found the door locked. He shouted that the door be opened but there was no response from inside the room. He saw smoke coming through the window. He broke the door and entered the room and found his wife Sumita dead. A u/d case was registered bearing U/D Case No. 10/92 at Katihar, on the report of Chandan Rai.