AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Amit Kumar has been found guilty for an offence punishable under Section 304B of the IPC and sentenced to undergo RI for 7 years, under Section 306 of the IPC and sentenced to undergo RI for 5 years as well as to pay fine appertaining to Rs. 5000/- in default thereof, to undergo SI for 6 months additionally vide judgment of conviction dated 08.09.2017 and order of sentence dated 16.09.2017 passed by Additional Sessions Judge-7th Danapur in Sessions Trial No. 1019/2014.

(2.) Pw-2, Vijay Kumar Singh filed a written report on 07.07.2014 disclosing therein that his daughter Simple Kumari @ Rinki Kumari was married with Amit Kumar son of Dasai Yadav, Resident of Pali Halt, PS-Bihta, Distt-Patna on 11.05.2013. At the time of marriage, he had gifted according to his means but her husband, Amit, mother-in-law, Chanwa Devi, father-in-law, Dasai Rai, brother-in-law, (devar) , Gopal Kumar and sister-in-law, (Nanad) , Gita Kumari, advanced demand of golden chain when he took Bidai of Simple Kumari on the eve of marriage of his youngest daughter. She had disclosed that she was being tortured on that score. Her husband took her away on the pretext of preparation of Adhar card without formal Bidai after the marriage of his younger daughter. Subsequently thereof, she had narrated her awe on account of torture having been inflicted upon her by the aforesaid persons for golden chain. She had also demanded her clothe and other articles which remained here. Today morning when his son has gone to her Sasural with the aforesaid articles, he found her dead whereupon he informed. Then thereafter, all the family members have gone to her place and found her dead. After close scrutiny, they have found her death on account of throttling.

(3.) After registration of Bihta PS Case No. 455/2014, investigation commenced and during course thereof, appellant, Amit Kumar along with her parents, Dasai Rai and Chanwa Devi were apprehended, on account thereof, charge-sheet was filed against them only keeping the investigation pending against others and on the basis thereof, the trial commenced and concluded in presence manner whereunder appellant, Amit Kumar has been found guilty and sentenced accordingly in terms as indicated hereinabove while Chanwa Devi and Dasai Rai have been acquitted.