SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 26.2.1994 passed by Sri P.N. Yadav, the then Additional Sessions Judge-I, Patna in Sessions Trial No. 671 of 1989 by which he has convicted the sole appellant, who is husband of the deceased, and two other accused persons, being father- in-law and mother-in-law of the deceased, under Sections 302 and 304B read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and further both the sentences were directed to run concurrently.

(2.) It is relevant to mention here that other two accused, Baldeo Prasad and Sushila Devi, father-in-law and mother-in-law, filed Cr.Appeal(DB) No. 121 of 1994 before this Court, which stood abated vide order dated 30.11.2017 passed in Cr.Appeal (DB) No. 121 of 1994 since they died during the pendency of the appeal.

(3.) Prosecution story as per fardbeyan (Ext.3) of PW 8 Suresh Prasad, brother of the deceased, recorded at 7.15 P.M. on 10.2.1989 at the residence of Baldeo Prasad Gupta, father-in-law of the deceased, is that his sister Manju Devi was married two years ago with appellant Sanjay Kumar and today at about 6 P.M. two boys of Bakarganj Bazar came to his house and informed that a fire broke out at her sasural. Further prosecution story is that he and Umesh Prasad rushed to the house of the deceased and they first went to the first floor which presented a dreadful look and accused Baldeo Prasad Gupta and Sushila Devi along with 2 or 3 boys were present there in the courtyard and on being asked as to what had happened, they told them that a fire broke out in the house. It is also alleged that thereafter he found the dead body of his sister lying in the floor in wet condition and there was smell of kerosene oil. Further prosecution story is that thereafter he raised alarm, the boys present there tried to stop him but he went to lodge complaint, met one Hawaldar and informed him about the occurrence. It is also the prosecution story that the appellant and his father and mother were demanding dowry of colour TV and Fridge and they were unable to fulfil the demand, on which they were not allowing her to go to her "maike" for last eight months. It is also his case that his grandfather and his brother came for her "Bidai" but they were not allowed to meet her. Prosecution story also shows that though she was pregnant but she was subjected to torture by the appellant and other accused persons and they have killed the deceased by setting her on fire for non-fulfilment of demand of dowry.