SHEOJI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 14.6.1995 passed by 1st AddI. Sessions Judge. Sitamarhi in S.T. No. 115/94 whereby the appellant has been convicted for the offence under Sections 302 and 304-B. IPC and sentenced to undergo imprisonment for life for the offence under Section 302, IPC. No separate sentence has been awarded for the offence under Section 304-B. IPC. The appellant has further been convicted for the offence under Section 498-A. IPC and sentenced to undergo rigorous imprisonment for two years. The appellant has further been convicted for the offence under Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for two years. Sentences were ordered to run concurrently.

(2.) Moti Lal Sah gave a written report on 16.7.1993 at about 11 a.m. to the Officer-in-Charge of Sitamarhi PS stating inter alia therein that his daughter Bibha Devi was married five years ago with one Sheoji Sah son of Jagernath Sah according to the Hindu rites. After marriage his son-in-law Sheoji Sah made demand of Colour T.V. and if Colour T.V. is not given he threatened to marry again. The demand was also made from his son Gunjan Kumar. When his son-in-law met him he also made such demand and threatened that if demand is not fulfilled he will kill his daughter. He was not in a position to fulfill his demand and as such his daughter Bibha Devi was being assaulted by him Bibha Devi also made such complaint to him. He next met father-in-law of his daughter and made complaint about the demand. He replied that if demand is not fulfilled he will marry his son with another girl. On 15.7.1993 one chaukidar of Bargania PS came and informed that his daughter Bibha Devi has been burnt to death. On information he went to Sitamarhi where he learnt that after postmortem dead body has been taken for cremation. He also went to cremation ghat and participated in cremation of his daughter. There was heavy rain and as such he could not go to Police Station. His claim is that his daughter has been burnt to death alter pouring K. Oil by his son-in-law Sheoji Sah, his Samdhi Jagarnath Sah and his wife Malkinia Devi because of nonfulfillment of demand.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn, investigation was taken up and on completion of investigation chargesheet was submitted against three persons i.e., appellant his father and mother. On receipt of charge-sheet cognizance was taken and the case was committed to the Court of Sessions for trial. The trial Court convicted the appellant as indicated above, however, acquitted Jagarnath Sah and Malkinia Devi.