SANTOSH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Santosh Sharma has been found guilty for an offence punishable under Section 304B of the IPC, 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo R.I. for three months, additionally, under Section 304B of the IPC and R.I. for six months as well as to pay fine appertaining to Rs.2000/- and in default thereof, to undergo R.I. for one month under Section 4 of the Dowry Prohbition Act with a further direction to run the sentences concurrently, with a further direction that the period of custody having been undergone during course of trial will be subject to set off vide judgment of conviction dated 26.03.2015 and order of sentence dated 30.03.2015 passed by Ad-hoc Additional Sessions Judge, VIIIth, Munger in Sessions Trial no.526 of 2013/103 of 2013.

(2.) Prakash Sharma, PW.3 filed written report on 01.04.2013 disclosing therein that his daughter Rubi Devi aged about 22 years was married with Santosh Sharma, son of Late Sikandar Sharma of village-Asarganj Marbari Tola on 10-05-2009. One year after the marriage, his son-in-law, Santosh Sharma demanded rupees fifty thousand in cash and a motorcycle and for that, he was constantly threatening that in case motorcycle is not provided, he will kill Rubi. Because of the fact that he happens to be poor so, he could not fulfilled the demand of his son-in-law as a result of which today i.e. 01-04-2013 he came to know that his daughter has been murdered by way of hanging whereupon he along with his family members rushed to the place of his daughter and found dead body of his daughter lying over a chowki. None of her sasuralwala was present. So he alleged that his daughter has been murdered by Santosh Sharma, Pankaj, Sagar.

(3.) On the basis of the aforesaid written report Asarganj P.S. Case No.12 of 2013 was registered followed with investigation as well as submission of charge sheet against appellant Santosh Sharma only whereupon, trial commenced and concluded in a manner, subject matter of instant appeal.