SHIVJEE SAH Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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Birendra Kumar,J. -
(1.) Appellants Shivjee Sah and Manju Devi are parents of appellant Prashant Kumar. All the appellants faced trial for offence under Section 304-B of the Indian Penal Code before learned Fast Track Court-I, Rohtas, Sasaram in Sessions Case No. 86 of 2014 arising out of Karakat P.S. Case No. 218 of 2013. The appellants were found guilty for the aforesaid offence by judgment dated 25.09.2018. Appellant Prashant Kumar was sentenced to undergo rigorous imprisonment for 10 years and other appellants were sentenced to undergo rigorous imprisonment for 7 years by the order of sentence dated 29.09.2018. The judgment of conviction and order of sentence are challenged in these appeals.
(2.) The prosecution case as disclosed in the written report of PW-3 Ramesh Prasad Gupta is that Namita Devi, the sister of the informant was married with appellant Prashant Kumar on 09.12.2012. After marriage, Namita went to her sasural in village Jayshree, P.S.-Karakat, District Rohtas. After few days, Namita left for Visakhapatnam along with her husband Prashant where Prashant was a locomotive driver. From Visakhapatnam, Namita used to inform that she was being tortured even by physical assault by the husband for dowry. On request of Namita, her mother (PW-5) gave a gold chain to Prashant, however torture continued.
On 20.09.2013, Namita along with Prashant came to the house of the informant in village Dihri. Namita stayed there-at and Prashant left to appear in some examination at Patna. After return from Patna, on 23.09.2017 Namita and appellant Prashant left for village Jayshree. On 24.09.2013, Namita telephonically informed that her husband and other family members have bitterly assaulted her and have threatened to kill her. Thereafter, mother of Namita tried to contact her on phone, but no one was receiving the call. In the night at about 09:20, a call came that Namita is serious. Again at 09:30, a call came that Namita is dead now. According to informant, for non-payment of money, the in laws, eleven in number, named in the F.I.R., allegedly committed murder of Namita by throttling her.
(3.) After investigation of the case, the police submitted chargesheet against the appellants aforesaid and investigation against the rest was kept pending.;
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