LAWS(PAT)-2011-4-285

SHANTI DEVI Vs. STATE OF BIHAR

Decided On April 25, 2011
Shanti Devi, W/o. Chandradhan Bhagat, Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 201, 498A and 304B/34 IPC and sentenced to RI for one year and ten years respectively but no separate has been sentenced under Section 498A IPC by the 4th Additional Sessions Judge, Aurangabad in S.Tr. No. 190/92/20/93.

(2.) THE case of the prosecution is that the daughter of the informant was married to the Appellant No. 3 about five years ago and there was no torture initially for two years after marriage but subsequently they started demand of dowry of Rs. 2,000/ -. Subsequently he learnt that his daughter was unwell he went to see her then his daughter told him that she was being tortured. Still later while she was in her matrimonial home a relative of the informant gave information that his daughter was very critical and when he went to her house the Appellant No. 2 did not allow him to see her and he learnt that his daughter had been murdered and cremated for ends of dowry.

(3.) THE defence on its behalf examined two witnesses who were neighbours and testified that in fact the deceased had died on account of abdominal pain and there was never complaint of demands of dowry or torture for refusal of the same.