MATHURA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 28.7.1998 passed by Shri Anant Vijay Singh, 3rd Additional Judicial Commissioner, Ranchi in Sessions Trial Case No. 395 of 1997 in Sessions Trial No. 24 of 1998, whereby and whereunder, the learned Additional judicial Commissioner, Ranchi convicted the appellants for the offences Under Sections 304B/34 of the Indian Penal Code, 498A/34 of the Indian Penal Code and also Under Section 3/4 of the Dowry Prohibition Act and sentenced them to undergo rigorous imprisonment for ten years each Under Section 304B/34 of, the Indian Penal Code, three years' rigorous imprisonment Under Section 498A/34 of the Indian Penal Code, five years' rigorous imprisonment to appellant Nds. 1, 2 and 3 Under Section 3 of the Dowry Prohibition Act and two years' Under Section 4 of the Dowry Prohibition Act to all the appellants. However, the sentences were directed to run concurrently.

(2.) THE prosecution case in short as alleged is that one Ram Lagan Sao submitted a written report before the police alleging therein that his daughter Munni Devi was married with Babu Lal Sao (appellant No. 2) in the year 1996. Thereafter she went to Sasural and for about six months she remained peacefully there, but thereafter the appellants started demanding a cycle, watch and money by way of dowry and when the said demand could not be fulfilled, the accused/ appellants started torturing the deceased. It is further alleged that the husband (appellant No, 2) also sent a letter (Ext. 2) demanding money, cycle, radio etc., and that articles could not be given to the husband, as a result of which, the deceased was subjected to cruelty and harassment. On 11.5.1997 it was informed that his daughter committed suicide by putting herself on fire. The informant and others rushed to the spot and found his daughter dead by burn injury. Accordingly, a First Information Report was lodged on the basis of a written report Under Sections 498A, 304B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The police investigated into the case and submitted charge sheet against the accused persons. The case was committed to the Court of Sessions and thereafter the accused persons/appellants appeared before the Sessions Court and charges Under Sections 304B/34, 498A/34 of the Indian Penal Code and Section 3/4 of the dowry Prohibition Act was framed to which the appellants pleaded not guilty.

(3.) P .W. 1 is the informant. He has stated that the brother of appellant No. 2 Babu Lal Sao came to his house on 11.5.1997 and informed that his daughter Munni Devi died due to burn injury by sprinkling Kerosene Oil. Thereafter he went to Sasural of Munni Devi and found the dead body lying there. He further clalmed that the accused persons/appellants were demanding Cycle, Watch, Radio and money, which could be given due to paucity on the part of him. There was a demand of money by the husband because he was intending to start a business of Ready -made Clothes. He also produced a letter (Ext. 2) written by appellant No. 2 (Babu Lal Sao) whereby the appellant No. 2 demanded the said articles along with money. He further stated that due to non -fulfilment of the demand as made by the appellants, they started torturing his daughter and she was done to death. He further stated in his cross -examination in clear terms that Babu Lal Sao, his son -in -law had sent the said letter just before Dipawali and he was demanding money for running a shop.