DURGA RAM GOPE, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 20.6.2000 and order of sentence 27.6.2000 passed by 5 Additional Sessions Judge, Dhanbad in S.T. No. 539 of 1995 whereby, and whereunder learned Additional Sessions Judge having found the appellants guilty under Section 304B of the Indian Penal Code sentenced each of the appellants to undergo rigorous imprisonment for ten years.

(2.) THE facts giving rise this appeal are that the deceased Hinu Devi, daughter of Mukhteshwar Prasad (P.W.9) was married to the appellant Kali Charan Gope, son of other appellant Durga Ram Gope three years before the date of occurrence, i.e. 6.7.1995. After the marriage, both lived happily for some times. After one and half year, one daughter begotten out of their wed -lock. Thereafter accused persons started putting forth demand of Rs. 5000/ - on the plea that all the money given in dowry at the time of marriage has been spent in the delivery of the child. In order to get the demand fulfilled the accused persons used to held out threat of dire consequence.

(3.) AFTER completion of investigation, police submitted charge sheet against these three appellants as well as Jagannath Gope under Section 304B of the Indian Penal Code, upon which cognizance of the offence was taken. Upon committal of the case, charge was framed to which the accused persons pleaded not guilty and claimed to be tried.