GAUTAM THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOR the alleged offence of causing and committing the dowry death of Shobha Thakur by burning, the three appellants herein, respectively the father -in -law, the mother -in -law and the husband of the deceased were charged under Sections 302/34, 304B/120B, 498A, 201/34 I.P.C. as also under Section 4 of the Dowry Prohibition Act. However, the learned trial court acquitted all the three appellants of the offences punishable under Sections 302/34 and 201/34 I.P.C. on a finding in paragraph 146 of the judgment to the effect "therefore, it must reasonably be held that Shobha Thakur had committed suicide",and again at paragraph 148 at page 98 of the judgment (inadvertently by typographical error typed as 148 in place of 248) '' "therefore considering the entire evidence on the record, I find and hold that the prosecution has failed to prove its charge against any of the accused facing trial either under Section 302 of the I.P.C. read with Section 34 of the I.P.C. or under Section 201 of the I.P.C. read with Section 34 of the I.P.C." Accused Chidanand Thakur was also acquitted of the charge under Section 304B I.P.C. or in the alternative under Section 304B read with Section 120B I.P.C.

(2.) HOWEVER , all the three accused were found guilty of the offence under Section 498A I.P.C. and whereas accused Chidanand Thakur was sentenced to undergo R.I. for two years, the other two were not awarded any separate sentence in view of their conviction under Section 304B I.P.C. whereunder each of them were sentenced to undergo R.I. for ten years. All the three accused were also convicted for the offence under Section 4 of the Dowry Prohibition Act and each of them were sentenced to undergo R.I. for 6 months. All the sentences were directed to run concurrently.

(3.) THE statement of Ramesh Kumar Singh was forwarded to Kazi Mohamadpur P.S. by the Investigating Officer where the formal F.I.R. (Ext. 12) was drawn up and the dead body was sent for post mortem. The Investigating Officer inspected the place of occurrence that very day, seized certain articles and papers and recorded the statement of the witnesses.