ROHIT DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed at the instance of the appellants against the impugned judgment and order dated 27-9-1999 and 29-9-1999 respectively passed in Sessions Case No. 190 of 1998 by Shri Prabodh Ranjan Dash. 3rd Additional Sessions Judge, Deoghar whereby and whereunder the appellants were found guilty for the offence punishable under Sections 304-B and 201 of the Indian Penal Code and they were each convicted to undergo rigorous imprisonment for seven years and three year's respectively and also to pay a fine of Rs. 1000/- and in default thereof to undergo further rigorous imprisonment for one month and both the sentences were ordered to run concurrently. However, co-accused Ughan Das and Bhudeo Das were not found guilty and they were, accordingly, acquitted.

(2.) The prosecution case has arisen on the basis of the Fardbeyan (Ext. 3) of P.W. 8 Ketkaha Das, the father of Mirkhi Devi, the deceased of this case, recorded by S. I. Shivjee Prasad Singh. Officer-in-Charge of Madhupur Police Station in village-Bangora, Police Station-Madhupur. District-Deoghar on 31-7-1998 at 11.00 hours regarding the occurrence which is said to have taken place a few days ago in village-Bangora, Police Slation-Madhupur and a case was instituted by drawing of a formal First Information Report (Ext. 4) on that very day at 15.00 hours.

(3.) The prosecution case, in brief, is that the marriage of Mirkhi Devi, the daughter of P.W. 8, the informant, was solemnized with appellant-Rohit Das one year prior to the alleged occurrence and in the said marriage Rs. 10.000/- and one cycle was given to the said appellant and after the marriage the deceased had come to her matrimonial home with the said appellant for leading conjugal life. It is alleged that after sometimes of the marriage, appellant Rohit Das along with his mother appellant-Sudami Das started making demand of radio, wristwatch, utensils, clothes, she-calf and cash and they started subjecting the deceased to cruelty and harassment for the fulfilment of the said demand. The prosecution case further is that the informant brought the deceased to his house from her matrimonial home about 20 or 25 days prior to the occurrence where she has told him about the torture perpetrated on her by the appellants and other co-accused persons for the fulfilment of aforesaid demand in dowry and has also narrated that whenever she is assaulted by the appellants, the other co-accused persons used to instigate them for further assault. The deceased came back to her matrimonial home in the company of P.W. 1 Bhim Das, her maternal uncle after staying there for four or six days and said Bhim Das requested and persuaded the appellants and other co-accused persons for not treating her with cruelty but he was intimidated and told by them to fulfil the aforesaid demands, failing which dire consequences shall follow. It is alleged that the informant learnt on 30-7-1998 that her daughter Mirkhi Devi is dead arid her dead body is lying in the well east of village-Bangora and on the said informantion he came there with P.W.1 Bhim Das and others and found the dead body of the deceased in the well and the appellants and other co-accused persons had lied away from their house.