NUNULAL RAZAK AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the State.

(2.) The appellants are aggrieved by the judgment of conviction and Order of sentence, dated 5-2-1993, passed by the learned 5th Additional Sessions Judge, Girisih, in S.T. No. 138 of 1991, whereby, the appellants have been found guilty and convicted for the offence under Section 304-B/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo rigorous Imprisonment for life.

(3.) The appellant No. 3, Chhedilal Razak is the husband of the deceased and the appellants Nos. 1 & 2, Nunulal Razak & Tulsi Razak are his brothers. The written information was given to the Officer In-charge of Pirtand Police Station by one Narayan Baitha the father of the deceased, stating that his daughter Geeta was married to the appellant, Chhedilal Razak in the year 1987 and soon after the marriage, she was being subjected to cruelty and torture for the demand of dowry, such as gold ring and radio etc., by her in-laws. His son-in-law had also locked his wife in a room. When someone opened the door, and she came out of the room, she was abused in filthy languages and turned out of her matrimonial home. She came weeping to her parents' place and also informed the family members about the treatment, to which, she was subjected to. The informant also tried to get the matter settled through Sarpanch and other persons, but the matter could not be settled. The informant also took his daughter to her in-laws' place, to get her settled there, but they were turned out of the house, and the informant had to bring his daughter back. It is further stated that at times, the husband used to visit his place, but looking at his attitude, she was not allowed to go to her in-laws' place. On 1-6-1990, there was marriage of the younger daughter of the informant in which, the accused, Chhedilal Razak was also invited and he had attended the marriage. Thereafter, on 4-6-1990, he returned back along with his wife. Even though, the daughter of the informant was not willing to go with him, but she was sent to her in-laws' place. On 8-6-1990, one co-villager of the accused informed the informant that his daughter had died, whereupon, he went to the matrimonial home of his daughter and found the dead body of his daughter in burnt condition. He gave the written information at the Police Station on 8-6-1990, alleging that the father-in-law of the deceased Girdhari Rajak, the brothers-in-law Nunulal Razak & Tulsi Razak and the husband Chhedilal Razak had burnt his daughter to death. On the basis of the written report. Pirtand P.S. Case No. 38 of 1990, corresponding to G.R. No. 1027 of 1990, was instituted for the offence under Section 304-B/34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge sheet against three accused appellants, who are the husband and the brothers-in-law of the deceased.