Sakruddin Mian vs The State of Bihar

Amareshwar Sahay, J.—This appeal arises Against the Judgment of conviction and order of sentence dated 03.08.1998 and 05.08.1998 respectively passed by the Sessions Judge, Deoghar in Sessions Case No. 144 of 1995 whereby and whereunder, the learned Sessions Judge convicted the present appellant Sakruddin Mian for the offence u/s 304-B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years. The other co-accused namely Raju Mian and Sabijan Bibi alias Charki Bibi who were tried with the present appellant were, however, acquitted from the charges on the ground that the prosecution failed to prove the charges against them.

The fact in short are that a complaint petition was filed in Court by Hanif Mian, the uncle of the deceased Safuran Bibi @ Sakuran Bibi on 05.09.1994 which was sent to the Police for instituting F.I.R. and accordingly, Sarath P.S. Case No. 97/94 was registered by the Police on 24.09.1994. In the said complaint, it was alleged that Safuran Bibi @ Sakuran Bibi was married about 14 months ago with accused Sakruddin Mian of village Rohnia Chowk, P.S. - Sarath, District - Deoghar. After the marriage, Safuran Bibi @ Sakuran Bibi was residing with her husband and her in-laws. It was alleged that the accused persons used to demand dowry of Rs. 5,000/- and due to non fulfilment of said demand, the deceased was being assaulted, ill treated, tortured and ultimately, in the night of 26-27 July, 1994, she was killed by strangulation by the accused persons.

It is said that Bichhu Mian and Rustam Mian and others informed the parent and uncle of the deceased that Safuran Bibi @ Sakuran Bibi had committed suicide. At this, the informant and other went to village Rohnia Chowk and then they found the dead body of deceased Safuran Bibi @ Sakuran Bibi having some injuries on her person near her neck, back and leg. It was further stated in the complaint petition that since father of the deceased was quite an old man and hard of hearing and therefore, the informant informed the Police but nothing was done in the matter and therefore the Complaint was lodged in Court.

The defence case was of false implication in the case and that the deceased was suffering from some pain in her stomach and out of frustration, she committed suicide by hanging herself.

In order to establish charges, altogether seven witnesses have been examined on behalf of the prosecution.

P.W.-1 is Manjan Khatoon, she has stated that the deceased Safuran Bibi @ Sakuran Bibi, was daughter of her brother-in-law (Bhaisur) namely Noor Mohammad and that she was murdered by the accused persons because the demand of dowry made by the accused persons could not be fulfilled. She further stated she had gone to see the dead body of the deceased and had seen some injuries on her neck, cheek and on the back. She further stated that the accused Raju Mian was the brother-in-law (Bhaisur) of the deceased and he had evil eyes on the deceased and this fact was disclosed by the deceased to her.

In paragraph - 5 of her cross examination, this witness has stated specifically that the money was being demanded by Sakruddin Mian and this fact was disclosed to her by the deceased just 15 days prior to her death.

P.W.-2 was tendered.

P.W.-3 is Md. Kasim Mian who is the brother-in-law (Sarhu) of Noor Mohammad, the father of the deceased. He has stated in his evidence that in the morning, when he woke up, he heard Safuran Bibi daughter of Noor Mohammad had committed suicide by hanging herself and then he, along with Hanif Mian, Keti Mian and others went Village Rohnia Chowk. He found the dead body of Safuran Bibi on a cot and he saw some marks of injuries near her ear, back and leg. According to him, it was a mark of dagger injury. This witness further stated that Noor Mohammad had told him that his son-in-law i.e. the present appellant was demanding Rs. 5,000/- and since there was no money, therefore, he could not meet the demand. This witness has further stated that the marriage between the deceased and the appellant was performed 1 1/2 years ago.

P.W.-4 Keti Mian is a witness named in the complaint petition itself. He has stated in his evidence that in the night of occurrence, at about 12:00 or 1:00 A.M. in the mid night, some persons from village Rohnia Chowk came to the house of Noor Mohammad and informed that Safuran Bibi had died. In the morning, he along with some other villagers went to village Rohnia Chowk and found the dead body of Safuran Bibi in the courtyard on a cot. He also stated about the presence of some injuries on the person of the deceased. He has also stated in his evidence that Raju Mian told him that the deceased had committed suicide by hanging herself. It is further stated that regarding the demand of dowry made by the appellant, he was informed by the father of the deceased.

P.W.-5 is Dr. Jugal Kishore Choudhary who held post mortem examination on the dead body of Safuran Bibi and found rigor mortis present in all the four limbs, face conjested and sub conjunctiva acchymosis, blood stained froth coming out from nose and mouth and tongue inside the mouth and both eyes were half closed. He has also found ligature mark obliquely placed, extending from the angle of right mandible, midline of neck above thyroid cartilage, angle of left mandible upto middle of neck behind. There was a knot mark behind the neck. Ligature mark was pacchment white and abrasions at the margins and 1/2" in breadth. Knot mark was 3/4" x 1/2" and irregular. The doctor also found multiple small abrasions on lower part of abdomen yellowish white in colour. No blood clot was found. It was moth eaten type. The doctor also found abrasion 2" x 1/2" left side of back near hip, yellowish white in colour. Post-mortem staining present on back. Faecal matter coming out from the anus. On dissection of neck the tissue below the ligature mark was white, trachea was found to be conjested. On dissection of head, brain and maninges were found conjested and both lungs were also conjested.

According to the doctor, the cause of death was due to asphysia as a result of hanging. Injury Nos. IV & V i.e. abrasions on lower part of abdomen and abrasion on left side of back near hip were post-mortem in nature and rest were ante-mortem in nature.

P.W.-6 is the Investigating Officer and P.W.-7 is the informant Hanif Mian himself. He stated that his nice Safuran Bibi was married to appellant Sakruddin Mian in the year 1993 and after the marriage, they were residing in her in-laws place at Rohnia Chowk. He has further stated that when the deceased came to her parent''s house, she disclosed that her husband and in-laws were demanding Rs. 5,000/-. This witness has admitted that he could not meet the demand due to poverty. He has also stated that when he came to know about the death of the deceased, he along with other villagers went to the in-laws place of the deceased and found the dead body of the deceased lying in the courtyard.

On behalf of defence also, four defence witnesses were examined. They have stated that the relationships between the deceased and the appellant husband was cordial and the deceased committed suicide by hanging herself. Thereafter, information was given to the parent of the deceased who came after hearing the said news.

From the evidence of the aforesaid witnesses which has been discussed, I find that there is no vital contradictions in the evidence of prosecution witnesses so as to make their statements unreliable or unbelievable. As a matter of fact, it appears that the prosecution witnesses have clearly stated that there was demand of money from the parents of the deceased and since the said demand was not fulfilled by father of the deceased, she was being tortured, assaulted and illtreated soon before her death. The prosecution has also been able to establish that the marriage between deceased and the appellant was performed only 1 1/2 years ago from the date of death of the deceased.

From the evidence of the prosecution, I find that the prosecution was able to prove the fact that the deceased died within seven years of her marriage in an abnormal circumstance. The prosecution also proved the fact that soon before the death of the deceased, the appellant was demanding money by way of dowry and because of the non fulfilment of demand of dowry, the deceased was being tortured, assaulted and ill-treated and therefore, she committed suicide by hanging herself. The death was homicidal or suicidal is immaterial in a Case u/s 304-B of the Indian Penal Code.

Section 113(B) of the evidence Act envisages that if it is proved by the prosecution that the victim died within seven years of marriage in an abnormal circumstance and she was illtreated and tortured due to non fulfilment of demand of dowry, soon before her death and therefore, even if it is found that the deceased committed suicide due to the said act of the husband or the in-laws, it would be presumed that they have committed dowry death of the deceased.

In the present case also, on the basis of the evidence of the prosecution, which have been discussed above, it can very well be presumed that due to non fulfilment of the demand of dowry, the appellant committed dowry death of the deceased.

In view of the above discussions and findings, I hold that the prosecution has been able to establish the charge u/s 304-B of the Indian Penal Code against the appellant.

Accordingly, the conviction and sentence passed by the Trial Court against the appellant is hereby affirmed and this appeal is dismissed. The appellant who is on bail, his bail bonds are hereby cancelled and he is directed to surrender forthwith to serve out remaining period of sentence else, the Trial Court shall take steps to commit him to prison.