MADAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE is a single appellant before this court. The trial court has found him guilty of culpable homicide not amounting to murder and has sentenced him to undergo rigorous imprisonment for ten years under Section 304 of the Penal Code. As regards the appellant's conviction, it is not clear whether it was under Part one or Part two of that section.

(2.) THE prosecution case was instituted on the basis of the fardbeyan (Ext. 1) of the informant, Bhola Prasad, PW 6 recorded by an Assistant Sub Inspector of Pirbahore Police Station at P.M.C.H. on 9.6.1986 at 1.45 PM. The Pirbahore police sent the fardbeyan to the Masaurhi police station under whose jurisdiction the occurrence took place. Thereupon, a formal HR. (Ext. 4) was drawn up on 16.6.86 giving rise to Masaurhi P.S. Case No. 86/1986 for an offence under Section 302 of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(3.) ACCORDING to the prosecution case the informant's sister Punni Devi was married with the appellant in 1981. At her in laws' place she was subjected to great cruelty for her father's failure to fulfil the appellant's demand for a motor cycle and a table fan. On occasions she had also expressed the apprehension that she would be killed if the demand of her husband were not fulfilled. Her father and her brothers were unable to fulfil the demands due to their penury. Further case of the prosecution was that in the morning of 9.6.86 the informant and his father came to learn through Tunnu Ram, PW 3 that Punni Devi was burnt by her husband and his parents and she was taken to Patna on the pretext of getting her treated. On getting this information, the informant and his family members came to P.M.C.H. at Patna where they found the dead body of his sister in a burnt condition. On seeing the informant and his family members, the in -laws of his sister fled away. Concluding his statement in the fardbeyan, the informant said that it was his belief that the appellant and his parents had burnt his sister for non -fulfilment of their demands of dowry.