RAJESH BHUIA ALIAS BHANGIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment dated 1.4.2004 passed by the Additional Sessions Judge, Dhanbad in Sessions Trial No. 199 of 2003, whereby and whereunder the appellants have been convicted for committing offence under Section 304B of the Indian Penal Code. The appellant Nos. 1 and 2 i.e. the husband and father-in-law of the deceased repectively, have been sentenced to undergo rigorous imprisonment for ten years, whereas the appellant No. 3 i.e. the mother-in-law of the deceased, has been sentenced to undergo rigorous imprisonment for seven years.

(2.) In short, the prosecution case is that the deceased Basanti Devi i.e. the daughter of P.W.6, the informant, was married with Rajesh Bhuia (appellant No. 1) one year prior to the occurrence. Since the marriage, the appellants were demanding Rs. 50,000/- as dowry from the family members of the deceased and due to non-fulfillment of dowry, the daughter of the informant has regularly been tortured and beaten. Further case of the prosecution is that the deceased had informed to P.W.1, P.W.2 and P.W.3 that her in-laws and husband were demanding Rs. 50,000/- as dowry and if the said amount is not paid, she may be killed by them. She was not ready to go to her in-laws place. However, the deceased was sent to her Sasural and only after 14-15 days, Sheo Prasad Bhuia (P.W.5) informed the informant on 29.7.2002 at about 10 a.m. that the appellants have killed Basanti Devi by setting her on fire due to non-fulfillment of demand of dowry. On receipt of such information, P.W.1 and P.W.3 went in-laws place of their sister and they found that their sister was lying dead with 100% injury.

(3.) In order to establish the charges, altogether nine witnesses were examined on behalf of the prosecution. P.W. 1 Jhari Bhuia and P.W. 2 Punit Bhuia are the brothers of the deceased whereas P.W.6 is the informant and mother of the deceased. P.W.7 Dr. Shailendra Kumar, conducted the postmortem examination and P.W.9 is the Investigating Officer.