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2000 DIGILAW 95 (PAT)

Sudan Gope @ Sudam Gope v. State Of Bihar

2000-01-19

D.N.PRASAD

body2000
Judgment D.N.Prasad, J. 1. This appeal has arisen out of judgment of conviction and order of sentence passed by Shri Satyendra Kumar Gupta. Sessions Judge at Bokaro in S.T. No. 662 of 1994/001 of 1995 whereby and where under the learned Sessions Judge convicted the appellants under Secs. 304-B and 498-A of the Indian Penal Code and sentenced appellants to undergo rigorous imprisonment for a period of 10 years. No, separate sentence was passed for the offence under Sec. 498-A. IPC. 2. The short facts of the case as alleged are that one Mahadeo Gope submitted a written report before the police alleging therein that his elder daughter Chandana was married with Sudam Gope about five years ago. Chandana was educated lady while the son-in-law. Sudam Gope was not so educated and he used to graze cattle for his livelihood and because of this fact, Chandana did not like to do the household work. It is further alleged that accused-persons appellants had assaulted his daughter and due to which Chandana also tried to commit suicide. It is further alleged that the informant and others tried the accused-persons and his daughter to make them understand and also pacified the dispute but even then the accused-persons subjected his daughter to torture. It is further alleged that on 10-4-1994 at about 10 a.m. the informant came to know that his daughter was ailing. The informant and others rushed to the spot but they found Chandan a dead and the villagers narrated before them that she was done to death by throttling. On the basis of the written report. FIR was - registered against the appellants. The police investigated into the case and submitted charge-sheet against the appellants. The appellants appeared before the trial Court and the charges under Secs. 304-B/201/ 498-A/34 of the Indian Penal Code and Secs. 3/4 of the Dowry Prohibition Act were framed to which the accused persons pleaded not guilty. 3. The witnesses were examined in the lower Court. After considering the evidence on record the trial Court convicted and sentenced the appellants in the manner as stated above. 4. At the very outset it may be noted here that there is a specific allegation for committing murder of Chandana by throttling and this fact has been fully supported/established from the medical evidence as well. After considering the evidence on record the trial Court convicted and sentenced the appellants in the manner as stated above. 4. At the very outset it may be noted here that there is a specific allegation for committing murder of Chandana by throttling and this fact has been fully supported/established from the medical evidence as well. The doctor who held post-mortem (PW8) found anti-mortem injuries as being small bruise and scratch found on forehead and hand and lacerated wound on both hands. The doctor also found bleeding from nostril and according to the doctor throttling was sufficient in ordinary course of nature to cause death. He proved the post-mortem report. Ext. 2. The cause of death was due to asphyxia caused by anti-mortem throttling. He clearly stated in his cross-examination that in case of hanging signs of throttling do not appear and the injuries found on the person of the deceased were not possible by hanging. 5. PW6 is the uncle of the deceased. According to him Chandana went to her Sasural after marriage. He had visited the Sasural of Chandana when she narrated that the appellants used to assault her. He further stated that on 10-4-1994 in the morning he came to know that Chandana is suffering from ailment and thereafter they rushed to the place of occurrence and found the dead body of Chandfma. According to him she was done to death by throttling. He stated in his cross-examination that he cannot say as to whether Sudam Gope the husband of the deceased has passed the matriculation or not but he was reading in the school at the relevant time and there is one son aged about three years from their wedlock. He further stated that there was no Panchayati held in his presence. He further deposed that his niece Chandana was never suffering from mental disease. 6. PW7 the informant who is the father of the deceased stated that accused-persons used to assault his daughter. He further stated that the husband of the deceased had also demanded a sum of Rs. He further stated that there was no Panchayati held in his presence. He further deposed that his niece Chandana was never suffering from mental disease. 6. PW7 the informant who is the father of the deceased stated that accused-persons used to assault his daughter. He further stated that the husband of the deceased had also demanded a sum of Rs. 2.000.00 and one golden chain and the said demand could not be fulfilled due to which Chandana was subjected to torture lie further stated that he came to know about the ailment of Chandana and thereafter alongwith others went to the Sasural of his daughter and found the dead body of Chandana and she was done to death by throttling. He proved the signature over the written report; Ext. 1. He stated in his cross-examination that Nambu Gope had informed about the occurrence. He also denied the suggestion that his daughter deceased was suffering from mental disease. 7. PW1, PW2, PW3 and PW4 have been declared hostile by the prosecution as they have not supported the prosecution. PW5 is the witness on the inquest report but the witnesses who have been declared hostile also admitted about the death of Chand ana. The doctor who held post-mortem found the cause of death by throttling which was sufficient in ordinary course of nature to cause death. PW7 the informant is very consistent in his deposition that there was a demand of a sum of Rs. 2.000.00 and a golden chain and due to non-fulfillment of the said demand his daughter was subjected to torture and at last she was done to death by throttling. There is also direct allegation and evidence against the husband of the deceased Sudam Gope for causing the death of his wife and also demanding the money and golden chain by way of dowry. 8. The learned Counsel appearing on behalf of the appellants submitted that there is no independent witness examined from the side of the prosecution to support the prosecution case. It is further submitted that the Investigating Officer has not been examined which caused much prejudice to the case of the defence. It is also argued that there was only one eye-witness namely Nembu Gope. PW4. who has not supported the prosecution case. 9. It is true that none of the villagers supported the prosecution case on the manner as alleged. It is also argued that there was only one eye-witness namely Nembu Gope. PW4. who has not supported the prosecution case. 9. It is true that none of the villagers supported the prosecution case on the manner as alleged. But, it is quite natural that in case of dowry death the deceased apparently was the resident of different village and the villagers or inmates are the residents of same village where the accused-persons were residing. Moreover in the case of dowry death. four ingredients are required to be established: (i) The death of the woman should be caused by burnt or bodily injury or otherwise than under normal circumstances; (ii) such death should have occurred within seven years of her marriage; (iii) she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and (iv) such cruelty or harassment should be for or in connection with demand of dowry. 10. In the instant case it is quite evident from the evidence collected that death occurred within the seven years of the marriage as Chandana was married about five years ago and there was also demand of dowry by the husband Sudam Gope specifically and due to non-fulfillment of dowry she was assaulted and also tortured. 11. I have already discussed above that the doctor who held post-mortem found the cause of death due to throttling which could have been occurred by pressing the neck of the deceased and the death of Chandana also occurred in the house of the appellants in otherwise circumstances which are sufficient material to come to the conclusion that Chandana was done to death. It is true that the Investigating Officer has riot been examined in the case but it is also settled that non-examination of the Investigating Officer will not be sufficient to throw the whole prosecution case when the prosecution case has fully been established from the oral and medical evidence. 12. Considering the above facts and circumstances. I find that there is a direct and specific evidence against the appellant No. 1. Sudam Gope the husband for causing the death of his wife and as such I find that the prosecution has fully established the charges against the appellant No. 1. Sudam Gope beyond all reasonable doubts. In the result. I find that the learned trial Court has rightly convicted and sentenced the appellant No.1. Sudam Gope the husband for causing the death of his wife and as such I find that the prosecution has fully established the charges against the appellant No. 1. Sudam Gope beyond all reasonable doubts. In the result. I find that the learned trial Court has rightly convicted and sentenced the appellant No.1. Sudam Gope for the offences under Secs. 304-B/498-A IPC Hence the judgment of conviction and order of sentence against the appellant No. 1 Sudam Gope is hereby affirmed. It appears that the appellant No. 1. Sudam Gope has already been in custody and he is to serve out the sentence awarded against, him. 13. So far as the appellant Nos. 2 and 3. namely Akshay Gope and Phudu Bala Gwalin are concerned, it appears that they are father-in-law and mother-in-law and there is no sufficient material and evidence to connect them in the alleged offence and much suspicion arose about the involvement of these two appellants for the alleged crime and for which both the appellants, namely, Akshay Gope and Phudu Bala Gwalin, are entitled to benefit of doubt. Thus, I find that the prosecution has failed to establish the charges against both the appellant Nos. 2 and 3 beyond all reasonable doubts. 14. In the result. I do not find them guilty for the offences charged, hence both the, appellant Nos. 2 and 3. Akshay Gope and Phudu Bala Gwalin are hereby acquitted and set at liberty. The judgment of conviction and order of sentence of both the appellant Nos. 2 and 3 is hereby set aside. It appears that both the appellants. namely Akshay Gope and Phudu Bala Gwalin are on bail hence they are discharged from the liability of their bail-bonds.