BRINDA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) Both these appeals are disposed of by this common judgment as both these appeals have been preferred against the common Judgment of conviction dated 27.02.2006 and Order of sentence dated 04.03.2006, passed by the 1st Additional Sessions Judge, Chatra, in Sessions Trial No. 246 of 1994 arising out of G.R. No. 331 of 1989 whereby and where under, all the appellants have been convicted for the offence punishable under section 304B/34 of the Indian Penal Code and have been sentenced to undergo R.I. for seven years. The appellant Anandi Devi died during the pendency of this appeal and her appeal abated vide order dated 09.08.2019 in this appeal consequent upon her death.

(3.) The case of the prosecution in brief is that the appellant -Brinda Singh is the father-in-law, the appellant Pramod Kumar Singh is the husband and the appellant Chandra Shekhar Singh, is the elder brother-in-law (Bhaisur) of the deceased -Kiran Devi- who married the appellant -Pramod Kumar Singh on 22.05.1989 as per Hindu rites and customs and committed suicide on 29.06.1989. It is alleged that at the time of marriage of the deceased -Kiran Devi, ornaments, clothes were given by her father who is the informant of the case but the appellant -Brinda Singh was not satisfied with the articles given and time and again the appellant -Brinda Singh used to make complaint and used to pass pinching remarks to the deceased. It is also alleged that the appellant -Chandra Shekhar Singh who is the Bhaisur of the deceased had also admonished Kiran by saying that they wanted to take Rs.1,50,000/- as dowry but they were deceived by being not paid the said amount and exhorted the deceased to bring Cash, Colour T.V., Godrej Almirah and Hero Honda Motorcycle besides costly Sari as additional dowry, failing which, the deceased would not be allowed to live in her matrimonial house. Further, after the marriage of the deceased, the Bidai was refused on 24.05.1989 when the uncle of the deceased went to the matrimonial house of the deceased to bring her to her paternal house. Thereafter, the father of the deceased went for Bidai of the deceased but the father of the deceased was not allowed to meet her daughter. When for the third time, the brother of the deceased (P.W.6) went to the matrimonial house of the deceased, the appellants became ready for the deceased to be taken on Bidai with the condition of fulfilling the said dowry demand. After coming to her paternal house, the deceased started weeping and stated that it would have been better, had she been married in a poor family and also stated that her father-in-law, mother-in-law and all accused persons subjected her to cruelty and passed dire remarks about her. The informant went to school after consoling her daughter and the wife of the informant also went to her paternal house to attend the marriage ceremony of her nephew and the deceased committed suicide after going to the western side of the roof of the house of the informant by hanging herself.