DHANESHWAR DAS @ DASHAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction and sentence dated 18-09- 2015 passed by Fifth Additional Sessions Judge, Banka in Sessions Trial No.964/2013 whereby and whereunder appellant Dhaneshwar Das @ Dashar Das has been found guilty for an offence punishable under Section 304B of the IPC and sentenced to undergo R.I. for 10 years with a further direction that the period having undergone during course of trial be set off as provided under section 428 of the Cr.P.C., 1973 convict/appellant named above has challenged the same under present appeal.

(2.) Bhola Das (PW.3) gave his fardbeyan on 10-07-2017 at about 02:30 PM at the Sasural of his daughter Pooja Devi lying at village-Khirhar Tari disclosing therein that his daughter Pooja was married with Dhaneshwar Das @ Dashar Das in the month of April 2012 and since thereafter, she was residing there. It has further been disclosed that after staying for sometime in good harmonious atmosphere his son-in-law advanced demand of a motorcycle, whereupon he has shown his inability on account of poverty and in the aforesaid background he began to torture his daughter. His daughter used to inform him whereupon he had gone there and took back his daughter to his place. 8-9 days prior to the occurrence his son-in-law has come to his place and asked for Bidai. His daughter was not ready but, after consoling her he effected the Bidai. On 09- 07-2013 his wife has talked with Pooja on mobile and during course thereof, she has disclosed that she again being severely tortured for motorcycle. In the morning of 10-07-2017 his daughter has informed that in the night she was brutally assaulted as a result of which, blood oozen from her nose. He was about to go to her place till then he received information from Sabita Devi that his daughter died on account of administering poison. They rushed and found the dead body lying in the Aagan. None of her family members (Sasuralwala) was present.

(3.) After registration of Chandan P.S. Case No.46 of 2013 investigation was taken up and after completing the same, charge sheet has been submitted whereupon trial commenced concluded in a manner, subject matter of instant appeal.