SAHDEO MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 9.11.2002 and 12.11.2002 passed by Additional Sessions Judge, F.T.C.-II, Hazaribagh in S.T. No. 317 of 1996 whereby and whereunder appellants were convicted under Section 304B of the I.P.C. It further appears that appellant nos. 1 and 3 have been sentenced to undergo R.I., for 8 years whereas appellant No. 2 has been sentenced to undergo R.I., for 10 years for the aforesaid offence.

(2.) The case of prosecution in short as per the fard beyan of P.W. 2 is that the deceased ( informant's daughter) married to appellant No. 2 one years before the occurrence. It is stated that after six months of the marriage, the appellants demanded Rs. 10,000/- as dowry. It is stated that deceased came to her parental house and disclosed about the demand. It is stated that deceased also disclosed that appellants tortured her for demand of dowry. It is further alleged that appellant No. 1 came to the house of informant after three days of the arrival of deceased and when informant told him that he cannot meet the demand of dowry, appellant No. 1 returned. It is then alleged that on 21.6.1995 an unknown person disclosed that his daughter Sarswati Devi hospitalized for treatment of burn injury. Whereupon he went to the hospital and found that his daughter Sarswati Devi was lying dead in the hospital.

(3.) On the basis of aforesaid information, police instituted Chouparan (Chandwara) P.S. Case No. 75 of 1995 under Section 304B of the IPC and took up investigation. After completing the investigation, police submitted charge sheet against the appellants under Section 304B of the IPC. It appears that after cognizance, the case committed to the court of sessions as the offence under Section 304B of the IPC is exclusively triable by the court of Sessions.