AJAY KUMAR GHOSHAL ETC Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are directed against the common final order dated 28.08.2015 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No.230 of 2015, Criminal Appeal (SJ) No.275 of 2015, Criminal Appeal (SJ) No.232 of 2015 and Criminal Appeal (SJ) No.243 of 2015 setting aside the judgment of the trial court and directing the retrial of Session Trial No.14 of 2008/637 of 2008 against the appellants.

(2.) Briefly stated, case of the prosecution is that on 15.05.2007, Asim Kumar Chatarjee (PW-5) filed a complaint before the Officer-in-Charge, Tilakmanjhi, stating that his sister Bandhavi @ Bani Ghoshal was married to Raj Kumar son of Ajay Kumar Ghoshal on 03.02007 and at the time of her marriage, the complainant gave cash and ornaments as per his capacity and all the usual gifts given in a marriage to the accused-appellants. PW-5 asserted that the husband, father-in-law and mother-in-law (Munmun Ghoshal) kept demanding dowry from his deceased sister and upon his inability to fulfill their demands, they in turn tortured Bandhavi Ghoshal mentally and physically. The complainant stated that on 15.05.2007, he received information from Bhagalpur about the death of his sister deceased Bandhavi @ Bani Ghoshal in her matrimonial home, in suspicious circumstances and he went to Bhagalpur. The complainant stated that he saw the dead body of his sister and noticed that her wrist veins were cut and her body had the marks of hanging, assault and electrocution. On the basis of aforesaid, FIR was registered under Section 304 (B), Section 34 IPC at Kotwali (Tilkamanjhi) P.S. Case No.281 of 2007. After completion of investigation, the charge-sheet was filed against the appellants under Sections 302, 304B, 201, 498A, 120B IPC and Sections 3 and 4 of Dowry Prohibition Act.

(3.) In order to prove guilt of the accused, the prosecution has examined twelve witnesses and exhibited documents and material objects. Upon consideration of evidence, the trial court vide judgment dated 06.04.2015, held that the prosecution has proved the guilt of the accused beyond reasonable doubt and convicted all the appellants/accused persons, by judgment dated 09.04.2015. For conviction under Section 304B read with Section 120B IPC, the trial court imposed sentence of imprisonment for ten years on each of the appellants. The appellants were convicted under Section 201 IPC and were sentenced to undergo rigorous imprisonment for five years as well as fine of Rs. 10,000/- each with default sentence and rigorous imprisonment for two years for the conviction under Section 4 of Dowry Prohibition Act.