AMARESHWAR SAHAY,J. - (1.) THIS appeal arises Against the Judgment of conviction and order of sentence dated 03.08.1998 and 05.08.1998 respectively passed by the Sessions Judge, Deoghar in Sessions Case No. 144 of 1995 whereby and whereunder, the learned Sessions Judge convicted the present appellant Sakruddin Mian for the offence under Section 304 -B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years. The other co -accused namely Raju Mian and Sabijan Bibi alias Charki Bibi who were tried with the present appellant were, however, acquitted from the charges on the ground that the prosecution failed to prove the charges against them.
(2.) THE fact in short are that a complaint petition was filed in Court by Hanif Mian, the uncle of the deceased Safuran Bibi @ Sakuran Bibi on 05.09.1994 which was sent to the Police for instituting F.I.R. and accordingly, Sarath P.S. Case No. 97/94 was registered by the Police on 24.09.1994. In the said complaint, it was alleged that Safuran Bibi @ Sakuran Bibi was married about 14 months ago with accused Sakruddin Mian of village Rohnia Chowk, P.S. - Sarath, District - Deoghar. After the marriage, Safuran Bibi @ Sakuran Bibi was residing with her husband and her in -laws. It was alleged that the accused persons used to demand dowry of Rs. 5,000/ - and due to non fulfilment of said demand, the deceased was being assaulted, ill treated, tortured and ultimately, in the night of 26 -27 July, 1994, she was killed by strangulation by the accused persons. It is said that Bichhu Mian and Rustam Mian and others informed the parent and uncle of the deceased that Safuran Bibi @ Sakuran Bibi had committed suicide. At this, the informant and other went to village Rohnia Chowk and then they found the dead body of deceased Safuran Bibi @ Sakuran Bibi having some injuries on her person near her neck, back and leg. It was further stated in the complaint petition that since father of the deceased was quite an old man and hard of hearing and therefore, the informant informed the Police but nothing was done in the matter and therefore the Complaint was lodged in Court. The defence case was of false implication in the case and that the deceased was suffering from some pain in her stomach and out of frustration, she committed suicide by hanging herself.
(3.) IN order to establish charges, altogether seven witnesses have been examined on behalf of the prosecution. P.W. -1 is Manjan Khatoon, she has stated that the deceased Safuran Bibi @ Sakuran Bibi, was daughter of her brother -in -law (Bhaisur) namely Noor Mohammad and that she was murdered by the accused persons because the demand of dowry made by the accused persons could not be fulfilled. She further stated she had gone to see the dead body of the deceased and had seen some injuries on her neck, cheek and on the back. She further stated that the accused Raju Mian was the brother -in -law (Bhaisur) of the deceased and he had evil eyes on the deceased and this fact was disclosed by the deceased to her. In paragraph - 5 of her cross examination, this witness has stated specifically that the money was being demanded by Sakruddin Mian and this fact was disclosed to her by the deceased just 15 days prior to her death.;