CHETLAL DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 27.01.2003 passed by the Additional District and Sessions Judge, 1st Fast Track Court, Giridih in Sessions Trial No. 121 of 1994/ T.R. No. 31 of 2002 whereby and whereunder the Appellants have been convicted under section 498-A of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for 2 years.

(2.) A document dated 26-9-2018 has been forwarded by the officer-in-charge, Dumeri police station, which is in record, stating therein that the appellant no.3 Parwatia Devi wife of Bispat Rabidas has passed away. Hence, this appeal against her stands abated.

(3.) The prosecution case, in brief, as per the written report dated 27-7-1993 of the informant Mahadev Ravidas P.W.-8 is that informant's niece Pushpa Devi was married with Baldeo Ravidas in the year 1983 and after marriage Pushpa Devi was living in her matrimonial home but she had not begotten any child. Hence, the father-in-law, mother-in-law, husband, devar and sister-in-law (nanad) were torturing Pushpa Devi. They used to say that she is not giving birth of child so they will not keep her but if she will bring Rs. 5,000/- from her father then she can stay with them. Further case of the prosecution is that after getting such information the informant had gone to the matrimonial home of Pushpa Devi and returned after pacifying the matter but the accused persons did not listen. On 26.07.1993 at about 5.00 p.m. the informant received a letter from Baldeo Das @ Balo Das in which it was written that condition of Pushpa Devi is not good and to come and see her. When the informant had gone to the house of Baldev Das, he found Pushpa Devi dead. Then the informant sent information to the police station through the chaukidar. Further case of the prosecution is that the family members of Baldeo Das were trying to hide the dead body in collusion with Lal Khandi. The informant suspected that Puspa Devi had been administered poison because her tongue and body was swollen and the body had also become black. It was further stated in the written report that the father of Pushpa Devi, Khublal Ravidas works at Calcutta and he was not present in the house.