SUBODH SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The sole appellant faced trial for offences under Sections 304B and 498A I.P.C. and was found guilty by the learned Trial Judge and ordered to undergo rigorous imprisonment for 10 years for offence under Section 304B I.P.C. and rigorous imprisonment for 3 years for offence under Section 498A I.P.C. The sentences have been directed to run concurrently.

(3.) The prosecution case as disclosed in the written report (Ext.2) of Manohar Sao (P.W.4) is that the daughter of the informant was married in Baisakh (April-May, 1998) with the appellant. After few months, the daughter-Punam informed that her inlaws including the appellant demand different articles as dowry. The informant went to her matrimonial house and pacified the matter. After few days, the informant again got information that the inlaws are torturing her for non-fulfillment of dowry demand and the daughter is leading a life of torture and suffocation. The informant again went to his daughter, she detailed the demand by inlaws and was weeping, she stated that the inlaws are demanding scooter and threatens to kill her on non-fulfillment of dowry demand. Thereafter, the daughter of the informant came back to the house of the informant and she disclosed what was happening with her to all the family members. However, the informant again consoled her and sent her to her Sasural. On 25.04.1999, the informant got information that his daughter is ill in her matrimonial house. Since strike of the public transport was going on on that day, the informant could not visit there rather in the next morning, received information that his daughter has died in Jamui hospital. When the informant reached at Jamui Hospital, he found the dead body. Postmortem examination was done on the dead body and thereafter dead body was handed over to the informant. The informant alleges that the inlaws including the appellant have committed her murder by poisoning. The inlaws, who were available in the hospital, fled away as soon as the informant reached there.