HARI PRASAD GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Against judgment of conviction dated 17.12.2008 and order of sentence dated 19.12.2008 passed by Additional Sessions Judge, (FTC-5), Kishanganj in connection with Sessions Trial No. 750/2007/77/2007 whereby and whereunder, all the appellants, namely, Hari Prasad Giri, Guno Devi, and Sachita Giri (since deceased) (Cr.Appeal (SJ) No. 119/2009), Dev Narayan Giri (Cr. Appeal (SJ) No. 461/2009), have been found guilty for an offence punishable under Section 304B of the IPC and each one has been sentenced to undergo RI for 7 years, has been challenged under two different appeals, on account thereof, heard analogously and are being disposed of by a common judgment.

(2.) At the present moment, it looks desirable to divulge that one of the appellants, namely, Sachita Giri of Cr.Appeal (SJ) No. 119/2009 died and on account thereof, this appeal abated against him as per order dated 21.12.2018.

(3.) Kamal Giri, father of deceased Arti Devi filed a written report before the O/C, Bahadurganj PS on 13.03.2017 disclosing the fact that Arti Devi was married with Dev Narayan Giri, Son Of Hari Prasad Giri, Residents Of Village-Gargaon(Loha Gara), Ps-Bahadurganj, Distt-Kishanganj about three years ago whereupon, she began to reside at her Sasural. When he had gone to bring her back on Bidai, at that very time, father-in-law of his daughter, Hari Prasad Giri, mother-in-law, Guno Devi, husband, Dev Narayan Giri, cousin father-in-law, Satya Narayan Giri, cousin brother-in-law, Babri Giri, grand father-in-law, Sachita Giri advanced demand of cash as well as one colour TV. They have also threatened to the extent that in case of non fulfillment of demand, his daughter will have to face its ultimate consequence. They have also threatened that she will have to sacrifice her life. As he resisted, on account thereof, he was manhandled by them and then, ousted therefrom. In order to save life of his daughter as well as expecting that in due course of time, the matter will be pacified after coming to know about his financial condition, he returned back therefrom without taking any recourse leaving his daughter at her Sasural. However, her Sasuralwala continued with their atrocious activity which, he came to know through different sources. On account of poverty as well as helplessness, he found himself unable to resist. On 08.03.2007 at about 8.30 AM, his covillager, Raju Mahto who happens to be a cycle mechanic having his repairing shop near MGM Hospital came to him and disclosed that his daughter has been admitted at MGM Hospital in badly burnt condition. He immediately rushed to the hospital where he found his daughter severely burnt. On query, she disclosed that as cash and colour TV have not been provided in lieu of dowry for that, her Sasuralwala was severely torturing her mentally as well as physically. On 07.03.2007 at about 9:00 AM, Hari Pd. Giri, Guno Devi, Satya Narayan Giri, Sachita Giri, Babri Giri came near her and all the family members caught hold of her while her mother-in-law sprinkled K-oil and then lit fire by match box as a result of which, she has been badly burnt.