SAKRUDDIN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises Against the Judgment of conviction and order of sentence dated 03.08.1998 and 05.08.1998 respectively passed by the Sessions Judge, Deoghar in Sessions Case No. 144 of 1995 whereby and whereunder, the learned Sessions Judge convicted the present appellant Sakruddin Mian for the offence under Section 304 -B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years. The other co -accused namely Raju Mian and Sabijan Bibi alias Charki Bibi who were tried with the present appellant were, however, acquitted from the charges on the ground that the prosecution failed to prove the charges against them.

(2.) THE fact in short are that a complaint petition was filed in Court by Hanif Mian, the uncle of the deceased Safuran Bibi @ Sakuran Bibi on 05.09.1994 which was sent to the Police for instituting F.I.R. and accordingly, Sarath P.S. Case No. 97/94 was registered by the Police on 24.09.1994. In the said complaint, it was alleged that Safuran Bibi @ Sakuran Bibi was married about 14 months ago with accused Sakruddin Mian of village Rohnia Chowk, P.S. - Sarath, District - Deoghar. After the marriage, Safuran Bibi @ Sakuran Bibi was residing with her husband and her in -laws. It was alleged that the accused persons used to demand dowry of Rs. 5,000/ - and due to non fulfilment of said demand, the deceased was being assaulted, ill treated, tortured and ultimately, in the night of 26 -27 July, 1994, she was killed by strangulation by the accused persons.

(3.) IN order to establish charges, altogether seven witnesses have been examined on behalf of the prosecution.