SHEO KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal arises out of the order and judgment and conviction passed by the then 2nd Additional Sessions Judge, Giridih in S.T. No. 146/84 by which the learned Judge convicted the appellant under Section 302. IPC for the death of Manju Devi by administering poison and sentenced him to undergo RI for life. No separate conviction under Secti9n 328. IPC was passed.

(2.) The short facts giving rise to the prosecution case as alleged that on 31-8-1982 a fardbeyan of Bisheswar Ram Gupta was recorded alleging therein that on the same day at about 11 a.m. one boy from Village Malho came to him and informed that something happened to his daughter Manju Devi and asked him to search to village Malho. On this information the informant reached to village Malho on his own truck and he reached to the house of accused Darogi Ram, father-in-law of Manju Devi at village Malho and found a crowd being assembled there. The informant entered into the house and found his daughter lying there and by gesture, he came to know that she had been administered poison as she was unable to speak at the relevant time. It was further alleged that Manju Devi disclosed by gesture that she would not survive. Thereafter, the informant with the help of other persons put Manju Devi on a cot and brought her by his own truck to Giridih Sardar Hospital. It is further alleged that the informant came to know that the members of sasural of Manju Devi had administered poison to Manju Devi in order to kill her. The main reason for administering poison to Manju Devi that the accused persons including the appellant use to demand dowry from the informant and his daughter. The police recorded the fardbeyan of the informant and the case was registered under Sections 307/328. IPC. but in the meantime Manju Devi died and as such it was converted under Section 302, IPC, vide order dated 5-9-1982 passed by learned trial Court.

(3.) After investigation the police submitted charge-sheet against all the accused persons including the appellant. It further appears that the case was committed to the Court of Session as per order dated 27-7-1984 and learned Sessions Judge in seisin of the case framed charges under Sections 302/34, 328/34 and 120-B. IPC and Section 4 of the Dowry Prohibition Act read with Section 334, IPC against all the accused persons including the appellant.