RIYAJUDDIN SK. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Radhanagar PS Case No. 108 of 2011 was lodged against Sanu Sk., Riyajuddin Sk. and Rokesha Bibi @ Kuresha Bibi for committing dowry death of Alehar Bibi. The informant of this case is uncle of Alehar Bibi who was residing in the same village. In his fardbeyan which was recorded on 18.05.2011 at 06:45AM at village Chandshahar, the informant has stated that after the marriage Alehar Bibi was happy in her matrimonial home but after sometime Sanu Sk., Riyajuddin Sk. and Rokesha Bibi started harassing and inflicting various acts of torture upon her in connection to demand of dowry. He has further stated that about two years back he gave a box of Rs.800/- to Alehar Bibi and her father gave gold ornaments. However, after sometime her husband and in-laws again started demanding Rs.25,000/- and other household articles and threatened to kill her. The informant has made several other allegations about harassment and torture of his niece at the hands of the accused, but in course of the investigation neighbors of the accused gave a different picture of the incident. They have stated in their statements under section 161 of the Code of Criminal Procedure that on 17.05.2011 when they heard hulla and went inside the house of the accused they found Alehar Bibi hanging from a bamboo. They thought that she was still alive and helped her body bringing down on the floor but then they found that she had died. The doctor who has conducted the postmortem examination has found multiple bruise marks on the chest, back, thigh and face of Alehar Bibi. He has also observed irregular and ill-defined black bruise around neck of Alehar Bibi and in his opinion cause of death was cardio-respiratory failure arising from asphyxia due to throttling and ligating over the neck. After the investigation a charge-sheet was submitted against the accused and they have faced the trial on the charges under section 304-B/34 and section 498A of the Indian Penal Code.

(2.) The prosecution has examined eleven witnesses in course of trial, out of whom PW1- Mostaque Sk, PW6- Naswara Bibi, PW7- Sakir Sk. and PWlO-Mokhtar Sk. are closely and intimately related to Alehar Bibi. The Investigating Officer who was examined as PW11 would admit in his cross-examination that the independent witnesses had stated before him that Alehar Bibi who was issueless was being treated for infertility and they do not know any dispute between Sanu Sk. and his wife or any demand of dowry by Sanu Sk. and his parents. The learned District and Additional Sessions Judge-I, Rajmahal has held that from the prosecution evidence it is proved that soon before her death Alehar Bibi was subjected to cruelty in connection to demand of dowry; Alehar Bibi died homicidal death in her matrimonial house within seven years of her marriage, and; therefore in view of section 113-B of the Indian Evidence Act the Court shall presume that the accused have committed dowry death.

(3.) In SC No.285 of 2011, the learned trial Judge has convicted and sentenced the appellants to undergo RI for life under section 304-B/34 of the Indian Penal Code.