TITLE-Rajan Sah Vs The State of Bihar
Decided on-21/12/2023
+CR.APP(DB)No.1439/2023
CORAM-HON’BLE JUSTICE ASHUTOSH KUMAR AND HON’BLE JUSTICE NANI TAGIA
FACT
As per the fact the appellant without there being any evidence of any demand of dowry and cruelty has been convicted for the offences under section 304-B of the IPC.As the FIR has been lodged by the father the deceased As Appellant married to the deceased in the year 2007 and have one child.However alleged in FIR later the Appellant started demanding money as part of dowry,the non fulfillment of which demand led to mental and physical torture of the deceased.The deceased had informed on telephone that she was being subjected to cruel treatment. Were she left all decisions on her father were he family members of the Appellant who assured that they will ensure that the appellant men’s his ways and practically there was no change and cruelty was continued.on one of the date she was thrown out of the house and was not even allowed to enter the house of her sister in law.Because of such cruel treatment the deceased set herself on fire and while treated for burn injuries and died in hospital on 06/01/2011 at 4:00 PM. It has further disclosed in the FIR that first taken to sadar Hospital and later bought deceased in an injured condition to katihar Medical College and Hospital where while her treatment she died.For which case was registered for investigation for the offence under section 304-B of the IPC.Where in trial court Appellant was punishable under the aforesaid section.
Law Involved/Legal Provisions
The appellant has been convicted for the offence punishable under section 304-B of the IPC passed by the learned Addl.District and Sessions Judge for which he has been sentenced to undergo imprisonment for life and to pay fine.
ISSUE RAISED
Whether the order passed by the trial court convicted under section 304-B is valid?
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the parties observed and state that the aforenoted statement of deceased is not on record.Neither the person who recorder FIR Not the investigator of this case have been examined.On question put to him by the court he has specifically answered that when he had gone to the hospital he had a talk with his daughter and the case which he had filed was on the basis of what his daughter had told him.After witnessing the father of the deceased make the Prosecution case highly suspicious.The opinion of the trial court that no pre judice has been caused because of non examination of the IO appears totally faulty.In it’s entirety the evidence adduced before the trial court do not prove the case against the appellant beyond all reasonable doubts.In fact the reason for the deceased having caught fire whether self propelled or at the instance of others remain unknown.The non-examination of the IO leaves the appellant highly prejudiced.The Court do not find any justification to ratify the Judgement of the trial court.The Court set aside the judgement of conviction and order of sentence referred to above and acquit the appellant of the charge levelled against him.The Appeal stands allowed.
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Written by- Prachee
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