LAWS(JHAR)-2003-4-14

MATHURA SAO Vs. STATE OF BIHAR

Decided On April 10, 2003
MATHURA SAO Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 28.7.1998 passed by Shri Anant Vijay Singh. 3rd Additional Judicial Commissioner. Ranchi in Sessions Trial Case No. 395 of 1997 in Sessions Trial No. 24 of 1998 whereby and where under the learned Additional Judicial Commissioner. Ranchi convicted the appellants for the offences under Section 304-13/34 of the Indian Penal Code. 498-A/34 of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act and sentenced them to undergo rigorous imprisonment for ten years each under Section 304-B/34 of the Indian Penal Code three years rigorous imprisonment under Section 498-A /34 of the Indian Penal Code five years rigorous imprisonment to appellants No. 1. 2 and 3 under section 3 of the Dowry Prohibition Act and two years under section 4 of the Dowry Prohibition Act to all the appellants. However the sentences were directed to run concurrently.

(2.) The prosecution case in short as alleged is that one Ram Lagan Sac submitted a written report before the police alleging therein that his daughter Munni Devi was married with Babu Lal Sao (Appellant No. 2) in the year 1996. Thereafter she went to sasural and for about six months she remained peacefully there but there after the appellants started demanding a cycle watch and money by way of dowry and when the said demand could not be fulfilled the accused/ appellants started forturing the deceased. It is further alleged that the husband (appellant No. 2) also sent a letter (Ext. 2) demanding money, cycle, radio etc., and that articles could not be given to the husband as a result of which the deceased was subjected to cruelty and harassment. On 11.5.1997 it was informed that his daughter committed suicide by putting her self on fire. The informant and other rushed to the spot and found his daughter dead by bum injury. Accordingly a first information report was lodged on the basis of a written report under Sections 498-A. 304-13/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The police investigated into the case and submitted charge-sheet against the accused person. The case was committed to the Court of sessions and thereafter the accused persons appellants appeared before the Sessions Court and charge under Sections 30413/34. 498-A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act was framed to which the appellants pleaded not guilty).

(3.) Altogether eight witnesses have been examined on behalf of the prosecution in support of its case of whom PW 8 is the doctor who held post mortem on the dead body of the deceased Munni Devi. He opined that death was due to shock as a result of bum. To this effect there is no denial that Munni Devi died due to bum injury in the house of the appellants.