NITYA NIRANJAN CHAKRABORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 21.05.2014, passed by the learned Principal Sessions Judge, Pakur in Criminal Appeal No.28 of 2013, whereby the appeal preferred by the petitioners was dismissed and the judgment of conviction and order of sentence dated 18.06.2013, passed by the learned Judicial Magistrate 1st Class, Pakur in G.R.No.63 of 2004 corresponding to T.R.No.193 of 2013, whereby the petitioners were found guilty for the offence punishable under Section 498A of the IPC and were sentenced to undergo R.I. for 02 years with a fine of Rs.5,000/- and in default of fine they were further directed to undergo R.I. for Six months, has been affirmed.

(2.) The prosecution case which is based on the written report of the informant lies on a narrow compass. The informant-P.W.-14- Madhusudan Bhattacharya, who is father of the victim, states that his daughter Sangita (deceased) was married with Manoranjan Chakraborty (petitioner No.-4) on 26.04.2002 according to the Hindu rites and rituals. It has been alleged that after few days of marriage, her husband, motherin-law, brother-in-law (Devar), sister-in-law (Gotni) started torturing the victim for dowry. Thereupon, on being informed by his daughter, the informant went to her matrimonial home and settled the dispute. It is the further case of the prosecution that after a gap of two years on 14.02.2004 at about 3.00 P.M., the petitioner No.3 informed the informant that the condition of his daughter (deceased) is very serious and she had been hospitalized. It has been alleged that when the informant went to the hospital, he saw the dead body of his daughter. It is also alleged that he found that blood was oozing from her mouth and there was an injury on her head and back and her half tongue had come out. Lastly, it has been alleged that his daughter was murdered by her in-laws due to non-fulfillment of dowry.

(3.) On the basis of said written report, a formal F.I.R was registered on 14.06.2004 as Mahespur P.S. Case No.12/2004 under Section 302 / 304B read with 34 of the IPC.