BINOD PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, against conviction and sentence under Section 304-B, I.P.C. held on trial, has been preferred by the appellants-Binod Paswan and Sugia Devi, husband and mother-in-law respectively of the deceased, Parwati. The appellant-Binod Paswan stands sentenced to undergo R.I. for 10 years and Sugia Devi for 7 years' R.I.

(2.) The undisputed facts in this case are (i) the deceased Parwati was married to Binod Paswan (appellant No. 1), (ii) the death of Parwati occurred within three years of the marriage, (iii) the death of Parwati occurred in suspicious circumstances because her dead-body was recovered from a well, and (iv) no external injury was found on the body and the viscera report was not obtained; consequently the Doctor could not say the cause of her death, but the left chamber of her lungs was found empty and therefore, the learned trial Court held that it was not a case of simple drowning.

(3.) The two findings of the learned trial Court that (1) soon before the death, the victim lady was subjected to cruelty by the convicts, and (2) the said cruelty or harassment was in connection with the demand of dowry have been challenged in this appeal and consequently, the presumption drawn under Section 113-B of the Evidence Act by the learned trial Court has also been assailed. With regard to Cruelty and Demand Of Dowry