BIJAY KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Bijay Kumar Sah, Phool Devi and Karu Sah have been found guilty for an offence punishable under Section 304B of the I.P.C. and each one has been sentenced to undergo R.I. for ten years with a further direction that the period so undergone during course of trial, will be subject to set off in terms of Section 428 of the Cr.P.C. vide judgment of conviction dated 18.11.2008 and order of sentence dated 20.11.2008 passed by the Additional Sessions Judge, Fast Track Court No.-IV, Munger in Sessions Trial No.12 of 2007.

(2.) Kiran Devi (PW-6) gave her fard-bayan on 27.05.2005 before the police official at village-Mungoroura at the house of Suresh Prasad Sah where her daughter Gunjan Devi (deceased) was residing along with her husband Bijay Kumar Sah, father-in-law, mother-in- law along with other family members on tenancy, had disclosed inter alia that Gunjan Devi was married last year with Bijay Kumar Sah, son of Karu Sah. After marriage, she had gone to sasural wherefrom she was taken to the house of Suresh Prasad Sah where all the family members were residing under tenancy. Just after 4-5 days of marriage, Phool Devi (mother-in-law) came to her and asked for Rs. 10,000/-, as dowry (due) and further, threatened that in case of non-payment, she will not allow her daughter to live peacefully. On account of financial crunch, she could not provide the aforesaid amount and in the aforesaid background, the mother-in-law, father-in-law, Dewar Ajay Kumar began to manhandle her daughter and by such activity, inflicted physical cruelty over her. Just about ten days, lastly the mother-in-law Phool Devi kicked her out along with Bijay Kumar Sah, her son-in-law. Thereafter, her son-in-law Bijay Kumar Sah, daughter Gunjan Devi were employed by Munna Sah, Gola Bazar where they began to discharge menial work in order to earn their livelihood. After an interval of 4-5 days, Phool Devi again approached them and then, forcibly brought them to her place where her son-inlaw used to hand over the amount, which he earned in lieu of daily wages. Unfortunately, he could not get job for few days, whereupon again her son-in-law as well as daughter were ousted by Phool Devi. Thereafter, they both came to her place where they were allowed to stay. Her son-in-law engaged in daily wages. They remained at her place for quite a long time about one and half months ago. Father-inlaw Karu Sah, mother-in-law Phool Devi came to her place and anyhow, succeeded in taking away her son-in-law as well as her daughter to their place. Yesterday, i.e. on 26.05.2005, one rickshaw puller informed that their daughter has been murdered. While her dead body was being removed, same has been resisted by the local inhabitants. On account thereof, they rushed and came to the place of residence of her daughter where they found the dead body. None was present. In the aforesaid background, the informant had suspected murder of her daughter in the background of non-fulfilment of demand of dowry to a tune of Rs. 10,000/- by her sasuralwala.

(3.) After registration of East Colony P. S. Case No.18 of 2005, investigation was taken up and after concluding the same, chargesheet was submitted facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.