ASHOK KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Ashok Kumar Pandey and Sunil Kumar Pandey have been found guilty for an offence punishable under Section 304B IPC and sentenced to undergo RI for 7 year, under Section 201 IPC and sentenced to undergo RI for 3 years with a further direction to run the sentences concurrently, vide judgment of conviction dated 04.08.2015 and order of sentence dated 06.08.2015 passed by Additional Sessions Judge-VI, Saran at Chapra in Sessions Trial No. 831//2003.

(2.) For an occurrence allegedly committed in the night of 23.01.1997, Complaint Petition No. 03/1997 was filed by PW-1, Bindhayachal Tiwari, father of deceased, Asha Devi. On 14.01997 bearing Complaint Petition No. 03/1997 which was sent to the local police for registration and investigation of the case whereupon Baniyapur PS Case No. 121/1997 was registered followed with an investigation. It is further evident that during course of investigation, these two appellants, namely, Ashok Kumar Pandey and Sunil Kumar Pandey have been apprehended whereupon, charge-sheet were submitted against them keeping the investigation pending against other accused.

(3.) As per prosecution story so detailed under complaint/written report which has been instituted against 10 accused persons including these appellants, containing an allegation that his daughter, Asha Devi was married with Anil Kumar Pandey in the year 1999 and at the time of Bidai, dowry was given according to his means. However, during course of stay at her Sasural by Asha Devi, she was subjected to torture for procurement of dowry. Times without number, she was ousted from her Sasural and for that, Panchayati was convened. Then it has been asserted that on 10.01.1997, she was brutally assaulted and then ousted with a warning that if she comes along with a motorcycle as well as Rs. 25, 000/-, then only, she will be welcomed otherwise, she will not be allowed to stay, whereupon, Asha came to her place and for that, on 15.01.1997, there was a Panchayati whereunder accused persons were scolded by the Punches.