KAMAL NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 21st June, 2001 and order of sentence dated 25th June, 2001 passed by 8th Additional District & Sessions Judge," Palamau at Daltonganj in Sessions Trial No. 126 of 1998 convicting the appellants, Kamal Nath Singh and Bindeshwar Singh @ Nanhak Singh under Sections 304B/34 I.P.C., and sentencing them to undergo R.I. for life. The prosecution case, in short, is that the informant, Mahabir Singh (P.W. 1) lodged Fardbeyan with police on 12.10.1997 that his daughter, Sobha Devi (deceased) was married with appellant, Bindeshwar Singh @ Nanhak Singh about 3 years back. The appellants used to demand cycle and radio and on that account used to torture the deceased, due to which the informant took his daughter back about 5 months back. About 8 days before her death, the appellant, Bindeshwar Singh @ Nanhak Singh came and took her back. On the previous day when his wife, Kishunmani Devi (P.W. 2) was in the field, the mother-in-law of Shobha Devi informed her that her daughter had fled away somewhere in the night. The informant was informed by his wife, then he alongwith his son went to search Sobha Devi. At about 9 A.M. they heard a rumour that a dead body was lying in the well. Thereafter, the dead body of Sobha Devi was recovered. The informant alleged that the appellants have killed her daughter for non-fulfillment of demand of dowry.

(2.) The Doctor (P.W. 6) found multiple nail bite marks in front of the neck and abrasion in front of chest. On dissection he found fracture of hyoride bone etc. The doctor opined that the cause of death was asphyxial.

(3.) Mr. A.K. Kashyap, learned counsel appearing for the appellants submitted that there is nothing to show that soon before the death of Sobha Devi there was torture for dowry, as admittedly she was taken back from her paternal house without any demand of dowry after she remained there for about 4 months. He further submitted that there is no eye witness to the occurrence and the dead body was found in the well, which is situated in the field of the informant.