Ram Badan Sharma vs State Of Bihar [Alongwith Criminal ...

2. Brief facts of this case are as follows:

3. In the report, it was also mentioned that on 17.11.1993, brother-in-law of the deceased (sister's husband) Ramakant Chaudhary, PW1, visited Lodipur on the request of the deceased's mother to meet the deceased. The accused persons told PW1 that no one would be permitted to meet Sanju Kumari unless their dowry demands are fulfilled by the parents of the deceased. On persuasion for sometime, he was permitted to meet Sanju Kumari. She wept before him and narrated that she was harassed and tortured by the accused persons for not getting motor-cycle, colour TV and Rs. 20,000/- from her parents. On return from the house of the deceased, PW1 narrated to his mother-in- law and brother-in-law the entire story of harassment of the deceased on account of non-fulfillment of dowry demands. It is further stated in the report that only after a few hours, on the intervening night of 17th and 18th of November, poison was administered to the deceased in the 'Prasad' and consequently she died.

4. On 20.11.1993, a Barber from Lodipur brought a letter which disclosed that Sanju Kumari had died on the intervening night of 17/18.11.1993. The informant rushed to the village Lodipur where he came to know that the accused persons had killed his sister by administering poison to her. The FIR was filed at the Chandi Police Station by the brother of the deceased. On completion of the investigation, the Investigating Officer submitted a charge-sheet against the accused persons Surya Kant Sharma and Ram Badan Sharma. The case was committed to the Court of Sessions. Initially, no charge-sheet was filed against Saraswati Devi, mother-in- law of the deceased. However, after examination of the witnesses, Saraswati Devi was also summoned by the Court under Section 319 Cr.P.C. to face the trial.

6. The prosecution examined six witnesses, namely, Ramakant Chaudhary PW1, brother-in-law of the deceased, Chandra Bhushan Chaudhary PW2, brother of the deceased, who proved the FIR (Ext.1), Gautam Chaudhary PW3, the cousin of the deceased, Malti Devi PW4, mother of the deceased. Malti Devi proved one letter (Ext.2) written by the deceased Sanju Kumari to her. In the letter, she wrote that she was facing harassment and humiliation by the accused persons because their demands for dowry had not been fulfilled. Anita Devi, sister-in-law (Bhabhi) of the deceased was examined as PW5. All these witnesses had supported the case of the prosecution. Pawan Kumar Singh, Assistant Sub-Inspector of Police, Police Station Amash, District Gaya, who was the Investigating Officer of the case, was examined as PW6.

On the basis of evidence on record, we are called upon to adjudicate following questions:

10. The prosecution had examined Ramakant Chaudhary, brother-in-law of the deceased (sister's husband) as PW1. He categorically stated that on the request of his mother-in-law, he had gone to the house of the deceased Sanju on 17.11.1993. At that time, Surya Kant Sharma and his father Ram Badan Sharma were present in the house. They clearly stated that nobody would be allowed to meet Sanju unless the demands of colour TV, motor-cycle and cash amount of Rs. 20,000/- were fulfilled by the parents of Sanju. PW1 explained the position and on persuasion, ultimately he was allowed to meet Sanju (deceased). Sanju Kumari wept before him and asked him to go and ask her father to send a colour TV and a motor-cycle. He returned and narrated the entire story to his brother-in-law Chandra Bhushan PW2 and his mother-in-law Malti Devi PW4.

12. The prosecution also examined Malti Devi, mother of the deceased as PW4. She also reiterated that at the time of marriage, accused persons Surya Kant Sharma, Ram Badan Sharma and Saraswati Devi demanded a colour TV, motor-cycle and a sum of Rs. 20,000/-. She further stated in her statement that after a week of marriage, the deceased returned from her in-laws house and she informed that she was beaten by her mother-in- law, father-in-law and husband for not bringing the colour TV, motor-cycle and a sum of Rs. 20,000/-. She also stated that after a lot of persuasion, her daughter was taken back by her in-laws on 26.10.1993. She further stated that the accused persons tortured her for not bringing dowry articles. She also stated that her elder son-in-law Ramakant Chaudhary was sent to the house of Sanju to enquire about her welfare. She further stated in her statement that initially the accused did not allow Ramakant to meet Sanju but after some persuasion, Ramakant was permitted to meet her. The deceased told Ramakant that she was being tortured in different ways by the accused persons for not bringing the dowry articles. Accused persons also threatened to kill her in case she failed to bring the dowry articles.

20. The trial court came to a definite conclusion that the prosecution had been able to prove the charges under Sections 304B and 201 IPC against the husband and father-in-law of the deceased and convicted them under Sections 304B and 201 IPC. The trial court sentenced the accused to undergo 10 years rigorous imprisonment for the offence under Section 304B I.P.C. They were also sentenced to undergo rigorous imprisonment for two years for the offence under Section 201 IPC. The Court further directed that both the sentences shall run concurrently.

37. On consideration of the law as crystallized in the decided cases of this Court and evidence on record, we are, therefore, satisfied that the prosecution has successfully proved its case against the appellants. We, therefore, concur with the view of the courts below and affirm the conviction and sentence of the appellants. These appeals are accordingly dismissed.