SHIV CHARAN MAHATO, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In Sessions Trial No. 11 of 2010, the appellants, namely, Shiv Charan Mahato, Sharad Chandra Mahato and Laltu Mahato have been convicted under section 304-B/34 IPC. Shiv Charan Mahato and Laltu Mahato have suffered the sentence of R.I for life under section 304-B/34 IPC and Sharad Chandra Mahato was sentenced to R.I for 10 years for the said offence.

(2.) Raibu Mahato, the father of Sumitra Devi, is the informant of this case. On the basis of his fardbeyan recorded on 22.10.2009 at about 12:15 hrs. in the Emergency Ward of M.G.M Hospital, Jamshedpur, Seraikella P.S. Case No. 101 of 2009 was registered under section 304-B/34 IPC against Shiv Charan Mahato, Sharad Chandra Mahato, Laltu Mahato and Phulmati Devi, the mother-in-law. After the investigation a charge-sheet was filed against the above-named accused persons and they have faced the trial on the charge of causing dowry death of Sumitra Devi; during the trial the mother-in-law has died.

(3.) The case of the prosecution is that Sumitra Devi was continuously harassed and tortured by the accused persons in connection to demand of motorcycle and in the night of 21.10.2009 the accused persons assaulted Sumitra Devi and set her on fire. She suffered serious burn injuries and succumbed to death the next day at M.G.M Hospital, Jamshedpur, where she was taken for treatment. The case setup by the accused persons is that Shiv Charan Mahato was residing with Sumitra Devi in a house separate from the other accused persons and in the night of 21.10.2009 a fire broke out in the house when Sumitra Devi was sleeping and she suffered burn injuries in the incident.