ANJANI KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of conviction dated 04.05.1994 and Order of sentence dated 05.05.1994 passed in Sessions Trial No.916 of 1993 whereunder the court of the Additional Sessions Judge-VII, Patna, convicted the sole appellant under Sections 498-A and 304-B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and sentenced him for life imprisonment under Section 304-B of the Indian Penal Code and rigorous imprisonment for three years under Section 498-A of the Indian Penal Code with a direction to run both the sentences concurrently with observation that no separate sentence is required under Sections 3/4 of the Dowry Prohibition Act.

(2.) In brief, the prosecution case is that the informant Hari Shankar Prasad Sinha (P.W.1), the father of the deceased Lata Kumari Sinha, gave his written report dated 16.08.1993 before the Officer Incharge of Sri Krishna Puri Police Station, Patna, to the effect that he performed the marriage of his daughter Lata Kumari Sinha on 20.11.1992 with the accused Anjani Kumar Sinha, son of Sri Keshav Prasad Sinha, resident of village-Dhanhara, District-Rohtas. His son- in-law Anjani Kumar Sinha is the Math Lecturer in R.T. Women's College, Patna, and used to reside on rent in Laxmi Niwas, situated at Gokul Path in Mohalla-Sri Krishna Puri. Since before some days, the behaviour of his son-in-law Anjani Kumar Sinha with his daughter Lata Kumari Sinha was not good due to protest of taking liquor and wasting the money by his son-in-law Anjani Kumar Sinha. He also convinced his son-in-law Anjani Kumar Sinha on several occasions but there was no change in his behaviour. In that course, on 31.07.1993, his son-in-law Anjani Kumar Sinha misbehaved with his daughter Lata Kumari Sinha through various modes in which his daughter Lata Kumari Sinha sustained injury and she was rushed for Raj Chikitsa Hospital and died on 16.08.1993 in course of treatment. Regarding the said incident, he was informed by the mohalla people on telephone. The informant further alleged that he has believed that his son-in-law Anjani Kumar Sinha tortured his daughter Lata Kumari Sinha through various modes and in that course, burn injury was caused to her due to which she died.

(3.) After receiving the aforesaid written report (Ext.2) of the informant Hari Shankar Prasad Sinha (P.W.1) at Sri Krishna Puri Police Station, S.K. Puri P.S. Case No.97 of 1993 was instituted on 17.08.1993 under Sections 498-A, 307 and 302 of the Indian Penal Code against the appellant Anajni Kumar Sinha. The police submitted the chargesheet on completing the investigation. Thereafter, on taking the cognizance of the offence, the case was committed to the court of sessions where charges were framed for the offence under Sections 498-A and 304-B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act on 08.04.1994 against the appellant.