GUDHIYA DEVI Vs. STATE OF BIHAR
LAWS(PAT)-2021-2-2
HIGH COURT OF PATNA
Decided on February 02,2021

Gudhiya Devi Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

BIRENDRA KUMAR,J. - (1.) Heard the parties.
(2.) These appeals have been preferred against the judgment of conviction dated 02.12.2019 and order of sentence dated 11.12.2019 passed against the appellants by learned Additional Sessions Judge-X, Ara, Bhojpur, in Sessions Trial No.297 of 2017 corresponding to Bihiya P.S. Case No.132 of 2016. Appellant Sanjay Sharma, who is husband of the alleged victim of dowry death, has been awarded rigorous imprisonment of 8 years and a fine of rupees ten thousand for offence under Section 304B of the Indian Penal Code. In default of payment of fine six months rigorous imprisonment has been awarded. The appellant Sanjay Sharma has further been convicted under Section 498A of the Indian Penal Code and rigorous imprisonment of three years along with fine of rupees five thousand have been awarded. In default of payment of fine he was directed to undergo rigorous imprisonment for one month. Other appellants were convicted under Section 498A of the Indian Penal Code only and rigorous imprisonment of three years besides fine of rupees ten thousand has been awarded. In default of payment of fine rigorous imprisonment of six months has been ordered. The sentences have been ordered to run concurrently and the fine amount is to be paid to the minor son of the victim.
(3.) The prosecution case as disclosed in the written report of Jagroshan Sharma (PW 3) is that daughter's daughter of Jagroshan Sharma, namely, Anshu Devi daughter of Jagjivan Sharma was married two years back with appellant Sanjay Sharma. Just after the marriage there was demand of a motorcycle from the victim and the victim used to inform about the demand to the informant. Since the informant had no money, he assured that motorcycle would be given later on. In the meantime, the victim gave birth to male child, who was of about seven months at the time of occurrence. On 04.05.2016, at about 6:00 PM, someone informed on mobile call to the daughter-in-law of the informant that victim has died after sustaining burn injury. To verify about the correctness of the information, the informant along with Gupteshwar Sharma (PW 1), Om Prakash Sharma (PW 2) and Chulhan Rai (all covillagers) went to the village of the appellants in the morning at about 6:00 AM on 05.05.2016. The informant saw that the victim was dead by sustaining burn injuries. The informant was confident that the appellants committed her murder for nonfulfillment of the demand of motorcycle. A copy of the written report is Exhibit-1 on the record.;


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