DASHRATH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Y. Madhavi, learned counsel appearing for the appellant as well as Sri Sanjay Kumar, learned counsel appearing for respondent Nos. 2 and 3 and also Mr. S.C. Mishra, learned Additional Public Prosecutor for the State on the point of admission.

(2.) This criminal appeal has been preferred against the judgment of acquittal dated 17.12.2016 passed by learned 2nd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 404/14 / Sessions Trail No. 922/14, by which and whereunder learned 2nd Additional Sessions Judge acquitted the respondent Nos. 2 and 3 from the charges framed against them for the offences punishable under Sections 304B/34 and 302/34 of the Indian Penal Code.

(3.) Ahiyapur P.S. Case No. 250 of 2014 for the offence punishable under Section 304B/34 of the Indian Penal Code was registered against respondent Nos. 2 and 3 as well as co-accused Pramod Sah on the basis of fard-e-beyan of appellant, who was informant of the aforesaid Ahiyapur P.S. Case No. 250/2014. The appellant-informant claimed in his fard-e-beyan that on 30.1.2014, his younger brother, Bharat Sah, along with one Sone Lal Sah had gone to the matrimonial home of his daughter, namely, Hina Kumari, who narrated to them about the torture meted out to her by her in-laws. Appellant- informant, further, claimed that in-laws of his daughter demanded cash in dowry from his elder brother and when he expressed his inability to fulfill the demand of in-laws of his daughter, the in-laws of his daughter abused and ousted him from the house and they also threatened to kill the informant's daughter. The informant-appellant, further, claimed that the aforesaid demand was made by respondent No. 2, Rajesh Kumar, who happens to be the husband of his daughter. Informant, further, claimed that the respondent No. 3 and father-in-law of informant's daughter asked his brother to replace Alto car by Bolero vehicle. However, informant, further, claimed that on 30.1.2014 at about 9:00 P.M., he got a telephonic message from Prem Kumar Sah that his daughter was killed and having got the aforesaid information, he went to the matrimonial home of his daughter and found the dead body of his daughter lying on bed.