NARESH SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The entire family members of the appellant were named as accused by the informant in his written complaint which was filed on 10.12.1996 in the court of the Chief Judicial Magistrate, Daltonganj, district-Palamau. The complaint was registered as Complaint Case No.519 of 1996 and sent to police for investigation under section 156 (3) of the Code of Criminal Procedure. The accused persons, namely, Tulsi Sao, Naresh Sao, Sursh Sao, Sunil Sao, Janeshwar Sao, Tetri Devi and Lalita Devi have faced the trial on the charge under section 304-B of the Indian Penal Code, section 498-A of the Indian Penal Code and under section 3/4 of the Dowry Prohibition Act, 1961.

(2.) In Sessions Trial No.46 of 1998, the appellant, namely, Naresh Sao has been convicted and sentenced to undergo imprisonment for life under section 304-B of the Indian Penal Code, however, no separate sentence under section 498-A and section 201 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, 1961 has been passed.

(3.) The informant of this case is father of Bimla Devi, the victim lady. In his written complaint , the informant has stated that marriage of his daughter was solemnized with Naresh Sao in May, 1995 and at the time of marriage he has given several household articles besides Rs.15,000/- in cash. About six months after her marriage, his daughter was harassed by her husband and his family members. The informant has made allegation of demand of Rs.25,000/- by his son-in-law from his daughter for investing in the business and he used to threaten her saying that he would contract a second marriage. The informant has further alleged that when he expressed his inability to fulfill demand of dowry by his son-in-law he asked him to transfer the landed property to him. On 05.12.1996, he had gone to his daughter's marital house for Bidai as time for delivery of a child was nearing. In the night at about 10:00 p.m, he heard cries of his daughter and saw that the accused persons were strangulating his daughter with a rope and when he tried to intervene they threatened him to kill him also. The informant has further alleged that the accused persons killed his daughter by strangulation and when he reported the matter to the police next day no action was taken by the police. Compelled, he has filed a complaint case against the accused persons.