Document Fragment View
Fragment Information
Showing contexts for: administering poison in Ram Badan Sharma vs State Of Bihar on 21 August, 2006Matching Fragments
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.
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.
PW2 also stated about demands of dowry and specifically named the accused persons. He also stated that he received the news of death of his sister from a Barber on 20.11.1993. Immediately thereafter, he along with others left for Lodipur village. There, people informed that his sister was killed by administering poison to her by the accused persons.
Gautam Chaudhary was also examined by the prosecution as PW3. He stated that the deceased was his cousin. He categorically stated that the deceased's husband and in-laws demanded motor-cycle and an amount of Rs.20,000/-. He further stated that the treatment given to the deceased by her husband and in- laws was not good. On 26.10.1993, on persuasion from all of them, the husband of the deceased had taken the deceased. He further informed that on 20.11.1993, he got the information that Sanju Devi was killed by administering poison to her by her husband, mother-in- law and father-in-law.
On 20.11.1993, a Barber came from Lodipur to her house and informed that Sanju had died. Immediately thereafter, her son Chandra Bhushan PW2, Ramakant Chaudhary PW1, Gautam PW3 and few villagers went to the house of the deceased at Lodipur. On arrival, they were informed that the deceased was killed by administering poison to her and the dead body was hurriedly cremated. She stated that she received a letter (Ext.2) by post written by the deceased Sanju in her own signature. She also stated that her daughter complained about the torture and harassment by the accused persons. She stated that thereafter they met the accused persons and told them that they would further give Rs.18,000/- to them. She further stated that she was not even informed about the death of her daughter by the family members of the deceased.
In these appeals, it was prayed that the Court must consider the case sympathetically and on humanitarian consideration, it was also prayed that the sentence of the appellants be reduced to the period already undergone.
The appellants have challenged the impugned judgment of the High Court on the plea that they have been erroneously convicted under Sections 304-B and 201 IPC.
When the evidence of the instant case is closely examined, then the conclusion regarding the guilt of the accused persons becomes irresistible. There is an overwhelming evidence to establish that there has been persistent demand of dowry and because of non- fulfillment of the said demand, there was harassment, humiliation and continuous beating of the deceased by the accused persons. In the instant case, as late as on 17.11.1993, Ramakant Chaudhary, PW1, at the instance of his mother-in-law PW5, had visited the deceased to enquire about her welfare. When he reached the house of the deceased initially the accused persons did not even permit him to meet the deceased on the ground that until their demands for dowry were fulfilled, they would not permit any one to meet the deceased. On persuasion, Ramakant Chaudhary, PW1, was ultimately allowed to meet the deceased. The deceased narrated to her brother-in-law, PW1, that she was being harassed because the demands of dowry were not fulfilled. Immediately thereafter, PW1 went and narrated the entire story to the brother and mother of the deceased. It is extremely significant that within a few hours, poison was administered to the deceased in the Prasad and she died on the intervening night of 17/18.11.1993. According to the statement of PW1, the deceased died after eating the 'Prasad' and thereafter she was neither taken to any doctor nor any treatment was given to her. The most suspicious circumstance which supported the story of the prosecution was that the news of the death of the deceased was not sent to the parents of the deceased who were living only a few miles away from the village of the accused. The accused persons clandestinely, secretly and hurriedly cremated the deceased without informing the factum of death to the parents of the deceased. This circumstance strongly proved and lent immense credibility to the prosecution version. Only from a Barber, on 20.11.1993 (after three days), the parents of the deceased learnt that Sanju Kumari was killed by administering the poison to her. The deceased's brother and other relatives rushed to the village where they learnt that the deceased was killed by administering the poison.