DAULATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction under Section 304B/341.P.C. passed by the 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 135/1996 whereby and whereunder each of the appellants viz. Daulti Devi, Sunil Kumar Singh and Anil Kumar Singh was sentenced to undergo rigorous imprisonment for 7 years.

(2.) The prosecution case as it stands narrated in the Ferd Beyan of the informant Ranjeet Singh P.W. 1 before the police at the Sadar Hospital, Hazaribagh was that he belonged to village Amarua Police Station, Barachatti, Dobhi within the District of Gaya. His sister Sadhana @ Pinki aged about 22 years was married to the appellant Anil Singh of village Maktama in the year 1991. Appellant Anil Singh was a constable in the Border Security Force and after some time of the marriage he started putting pressure upon Sadhana @ Pinki to bring a motorcycle as well as colour T.V. as the dowry. When the informant and the other members of his family could not be able to provide a motorcycle, it was alleged that the appellant Anil Singh with other two appellants and accused persons started assaulting her and such torture was communicated by Sadhana to her parental home, through letters. In the year 1993 when he had been to the matrimonial village home of Sadhana. her Bidai was refused and the informant with other members who had been there to take away Sadhana to her parental home were not allowed to meet her. At that very occasion the appellant Sunil Singh who was the brother of the husband of Sadhana had threatened to commit her murder. However, in the year 1994 the prosecution party could be able to manage her Bidai from her matrimonial home and she was taken to her parental home where she narrated her miseries and expressed her apprehension that she might be killed by them failing to fulfill their demands. In the month of June, 1995 the husband appellant Anil Singh came and took away his wife Sadhana with him on assurance that she will be treated properly. The informant further narrated that on 27-9-95 he came to learn that Sadhana was set on fire by the appellants as well as other in laws and was brought to Sadar Hospital. Hazaribagh. Pursuant to such information the informant with the members of his family came to the Hospital in the mid night and found her admitted in the Hospital. Her body was completely burnt and on query she narrated that her husband Anil Singh husband's brother Sunil Singh, mother-in-law, father-in-law, her Nanad and Nanad's husband Dilip Singh all with the meeting of minds tied her limbs and after pouring K. Oil set her body on fire, as a result of which she was badly burnt. Thereafter,to screen themselves, she was brought to the Hospital for treatment. She succumbed her injuries in the same night at about 4 O'clock. On the basis of the Ferd Beyan of the informant, Ichak P.S. Case No. 74/95 was registered on 29-9-95 on the receipt of the Ferd Beyan from Hazaribagh Sadar Police Station for the offence under Section 304B/34,I.P.C. against six named accused persons including the appellants.

(3.) The police after investigation submitted charge-sheet under Section 304B/34. I.P.C. and accordingly after framing of charge, in those sections the accused persons were put on trial. After examination of the witnesses the trial Court came to find- iing that the charge under Section 304B/34, l.P.C. could be established only against the appellants herein and accordingly each were convicted and sentenced as referred to here- inabove.