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IN THE HIGH COURT OF PATNA
Vinod Kumar Sinha, J.
Sunil Mandal S/o Shri Laxman Mandal & Ors. - Appellants
Vs.
The State of Bihar - Respondent
Criminal Appeal (SJ) No. 759 of 2013
Decided On : 17-10-2017
Dowry Demand - Criminal Law - Indian Penal Code Sec 304 B - Summary of Acts and Sections: Sec 304 B, Indian Penal Code - The court analyzed the evidence related to the demand of dowry, assault, and administering poison to the deceased. The key legal provisions of Sec 304 B and Section 113B of the Indian Evidence Act were applied to establish the presumption against the accused and the onus to explain the cause of death. The court considered the lack of credible and reliable evidence against certain appellants and granted benefit of doubt.
Fact of the Case:
The deceased was allegedly killed by administering poison by her husband, mother-in-law, and father-in-law. The prosecution alleged demand of dowry and torture prior to the incident.
Finding of the Court:
The court found that the evidence did not establish the case beyond all reasonable doubt against the father-in-law and mother-in-law, granting them the benefit of doubt. The conviction and sentence of the husband were upheld.
Issues: The issues revolved around the demand of dowry, assault, and administering poison to the deceased, and the lack of credible and reliable evidence against certain appellants.
Ratio Decidendi: The court applied the provisions of Sec 304 B of the Indian Penal Code and Section 113B of the Indian Evidence Act to establish the presumption against the accused and the onus to explain the cause of death. It considered the lack of credible and reliable evidence against certain appellants and granted benefit of doubt.
Final Decision: The conviction and sentence of the husband were upheld, while the conviction and sentence of the father-in-law and mother-in-law were set aside, granting them the benefit of doubt.
Vinod Kumar Sinha, J.
This appeal is directed against judgment dated 26.09.2013 and order dated 28.09.2013 passed by Shri Sudhakar Singh, Adhoc Additional Session Judge-II, Benipur, Darbhanga in Session Trial No. 193/2008 by which the appellants have been convicted under Sec 304 B of Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years.
2. Prosecution case, in brief, based on the written application made by the informant, paternal uncle of the deceased (P.W.13) is that his niece Daisy Devi (deceased) was married to accused Sunil Mandal s/o Laxman Mandal on 18.05.2005 thereafter. At the time of marriage, sufficient gifts and dowry were given according to the status of the family of deceased, however, the accused and his family were not contented with that. The accused persons were forcing and torturing the deceased to demand further Rs. 25,000 from her father. The deceased was also threatened by the accused persons that she will be killed if she did not fulfill their demand of bringing Rs. 25,000 and second marriage of accused Sunil Mandal shall be solemnized. On the alleged date of occurrence i.e. 06.01.2007, around 5 AM, the informant got the news that the accused persons killed the deceased by administering poison whereafter which the informant rushed to her sasural and found her dead. The informant further sated that he is sure that the deceased was killed by administering poison by her husband, mother-in-law and father-in-law.
3. On the basis of written application of the informant, FIR was registered and Biroll P.S. Case No. 07 of 2007 was instituted under Section 304 B/34 of Indian Penal Code against all the above mentioned three accused namely Sunil Mandal, Chameli Mandal and Laxman Mandal. On completion of investigation, the Investigation Officer submitted charge sheet against all the above mentioned three accused under Sec 304 B/34 of Indian Penal Code.
4. The cognizance was taken on 28.04.2008 and on 23.05.2008, the case was committed to the Court of Sessions and accordingly charge was framed to which the accuseds pleaded not guilty.
5. Defence of the appellants as per the statement made under Section 313 Cr. P. C. is that they are not guilty and that they are being falsely implicated in the present case.
6. During trial altogether seventeen witnesses have been examined on behalf of prosecution, they are P.W.1. Bhuneshwar Jha, P.W.2. Shambhu Prasad, P.W.3 Dukha Mandal, P.W.4 Soma Devi, P.W.5 Jeevan Mandal, P.W.6 Satya Narayan Kumar, P.W.7 Kundan Kumar, P.W.8 Vinod Kumar Rai, P.W.9 Dr. Pradip Kumar Rai, P.W.10 Pawan Paswan, P.W.11 Ram Nandan Rai, P.W.12 Bijli Devi, P.W.13 Dev Narayan Rai (informant), P.W.14 Anit Kumar Rai, P.W.15 Tarini Prasad Thakur, P.W.16 Dr. Ramanand Choudhery and P.W.17 Suresh Paswan.
7. Apart from above, following documents have been admitted as exhibits in this case, they are Ext. 1-signature formal FIR, Ext. 2-endorsement of officer-in-charge on fardbeyan, Ext. 3/1-signature of Jeevach Mandal on Death Inquest Report, Ext. 3/2-signature of officer-in-charge on formal FIR, Ext. 4-complete fardbeyan written application, Ext. 5-chargesheet, Ext. 6-para 29-67 of case diary, Ext. 7-para 1-26 of case diary and Ext. 8-vasera report of the deceased.
8. On behalf of defence, three witness, were examined namely, D.W.1 Ramdana Devi, D.W. 2 Lal Choudhary and D.W. 3 Bhola Sharma. However, no documents have been produced and brought on record.
9. After conclusion of trail, the learned trial court has convicted the appellants under Sec 304 B of Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years.
10. Being aggrieved by the aforesaid judgment and order, the present appeals has been filed by the appellants on various grounds.
11. On perusal or the oral evidence on behalf of the defence, the defence of the accused persons is of innocence and false implication.
12. As stated above, the learned trial court relying upon the evidence of P.W.13 (informant)
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