CHANDRA PAL PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 22.02.2002 & 25.02.2002 passed by the 2nd Additional Sessions Judge, F.T.C.-II, Garhwa in Sessions Trial No. 186 of 1994 by which the appellant was convicted under Sections 304B/201 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 7 years and 2 years respectively. He was further convicted under Section 3/4 of the Dowry Prohibition Act and sentenced to undergo Rigorous Imprisonment for 2 years. However, it was directed that all the sentences would run concurrently.

(2.) The prosecution story in short was that the informant P.W. 1 Satyendra Narayan Chaubey delivered his statement (Ext.1) at Nagaruntari Police Station on 06.07.1993 at about 1.30 p.m. narrating, inter alia, that his daughter Anita Devi (since deceased) was married to the appellant Chandra Pal Pandey @ Gulab Pandey in the year 1990 according to Hindu rites. After her marriage, she went to her matrimonial home situated at village Jasa within the same police station from where she used to visit her parental home at interval of about 2/3 months. Whenever she visited her parental home, she complained against her husband-appellant about his illicit relationship with his brother's wife (sister-in-law) and that her husband had also been demanding Rs. 5,000/- and a scooter, lest she was threatened that her life would be made miserable at her matrimonial home. The informant expressed his inability to fulfill such demand but his such inability did not attract the sympathy of the husband. He further alleged that on 03.07.1993 his daughter was assaulted and was poisoned to death. The accused persons including the appellant cremated the dead body of his daughter without informing the parents of the deceased and having been learnt about the occurrence, he lodged information before the police. Pursuant to such information, Nagaruntari P.S. Case No. 74 of 1993 was registered for the alleged offence under Sections 304B/201 of the Indian Penal Code on 03.05.1994 against the appellant Chandra Pal Pandey @ Gulab Pandey and the wife of Sudama Pandey. However, after investigation charge-sheet was submitted against both the accused Chandra Pal Pandey @ Gulab Pandey and Rita Devi for the alleged offence under Sections 498A/302/201 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act.

(3.) Charge against both the accused including the appellant was framed under Sections 304B/201 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act. The contents were read over and explained to the accused to which they pleaded not guilty and claimed to be tried. The defence of the accused persons was of innocence.