KASHI NATH CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant criminal appeal is directed against the judgment of conviction and order of sentence recorded by Sri Banke Bihari Rai, 2nd Additional Sessions Judge, Bokaro in S.T. No. 77 of 2000.

(2.) Appellants were convicted under Section 498A of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for three years. Each of them was further convicted under Sections 364/34 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years with the direction that both the sentences would run concurrently.

(3.) Criminal law was set in motion on the basis of the typed written report presented by the informant P.W.-6 Ramdeo Choudhary before the Marafari police, wherein the informant narrated that he had married his daughter Sangita Devi @ Munni with one Vijay Kumar Choudhary in the month of May, 1996 and after her marriage, Sangita Devi went to her matrimonial home at B.S.L. Jhopri Colony, Bokaro as her father-in-law was employed at the H.S.C.L., Bokaro, who used to live there with the members of his family. She stayed there for some time and thereafter the informant went there and took her back to his home with the consent of her in-laws. In the month of May, 1997, her husband Vijay Kumar Choudhary came and took her away to her matrimonial home to Bokaro where she begun to live with the husband and in-laws. But after some time, the informant alleged that her husband, father-in-law, mother-in-law and sister-in-law started demanding dowry from her to be brought from her parental home and in this connection, she was subjected to torture, to which his daughter communicated him about her miseries by letter. The informant then went to her in-laws house and enquired about the demand, but her father-in-law and mother-in-law expressed that they had never tortured her, yet, his daughter Sangita Devi explained in detail, whereupon the informant took her away once again to his home village where she stayed for a few months. In the month of December, 1997, his son-in-law Vijay Kumar Choudhary came and requested for the execution of her Bidai, which was allowed by extending request to him that henceforth they would not torture her to which Vijay Kumar Choudhary assured that she would be allowed to remain there at her matrimonial home with dignity and honour. By giving such assurance, his son-in-law took away his wife Sangita Devi to Bokaro Steel City where she lived without any complain till February, 1998. But thereafter, the informant alleged, that his daughter was found mussing from her matrimonial home and on 26.3.1998, when he visited her matrimonial home at Bokaro, it was explained by her father-in-law that his son Vijay Kumar Choudhary had taken away his wife Sangita Devi to Karnataka two months ago for his livelihood. The informant suspected and he had reason to believe that his daughter Sangita Devi was kidnapped by her husband, father-in-law, mother-in-law and sister-in-law to some unknown place in prosecution of their criminal conspiracy and her dead body was concealed after committing her murder. Police registered Marafari P.S. Case No. 44 of 1998 on 14.4.1998 against all the four named accused persons. The police after investigation submitted charge sheet against all the four accused under Sections 498A/364/34 of the Indian Penal Code. The case of the accused Hemanti Kumari, who was a minor girl at the relevant time of alleged occurrence, was separated and sent to the Juvenile Justice Court. Charges were framed against the accused Appellants Kashi Nath Choudhary, Mangni @ Mangri Devi and Vijay Kumar Choudhary under Sections 498A/34, 364/34 of the Indian Penal Code and separate charge under Section 4 of the Dowry Prohibition Act was framed only against Kashi Nath Choudhary and Mangni @ Mangri Devi. Defence of the accused was of denial of allegations and their false implication merely on suspicion due to enmity and personal grudge.