ANUP KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant named above has preferred this appeal against the impugned judgment and order dated 17-5- 2001 and 19-5-2001 respectively passed in Sessions Trial No. 589 of 1998 by Shri Rajeshwar Prasad Srivastava, 4th Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Sections 304-B and 498-A of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years and three years for the offence under Sections 304-B and 498-A of the Indian Penal Code respectively. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case arisen on the basis of the written report (Ext. 4) of S.I. Sanjay Kumar of Lower Bazar P.S., Ranchi, the informant, handed over to P.W. 10 Abhay Kumar Jha, the I.O. of this case at the place of occurrence on 21 -4-1998 at 11.30 hours regarding the occurrence which is said to have taken place on that very day at 10.30 hours in the house of the appellant situate at North Samaj Street. Tharpakhana, P. S. Lower Bazar, Ranchi regarding the dowry death of Dimple Verma, the lawfully wedded wife of the appellant, caused by burn and the case was instituted by drawing of the formal, FIR (Ext. 6) on the basis of the said written report on that very day which was received on 22-4-1998 in the Court empowered to take cognizance.

(3.) The prosecution case, in brief, is that the informant was on patrolling duty in the Tharpakhana at 10.30 hours on 26-4-1998 where he got information that the daughter-in-law of Bharat Lal Verrna resident of North Samaj Street, Tharpakhana, Ranchi has died of burn and he sent an informant to that effect at Lower Bazar P.S. and came to the place of occurrence where he learnt that Bharat Lal Verma along with his wife Leela Devi and his youngest son Amar Kumar had gone for pilgrimage on 5-4-1998 and his two other sons, namely, Ajay Kumar Verma and Anup Kumar Verma and their wives, namely, Anju Verma and Dimple Verma respectively were in the house. It is alleged that appellant Anup Kumar Verma had gone to the market at 9-30 hours on the day of the occurrence for purchase of vegetables and Ajay Kumar Verma was talking with his wife, Anju Verma in a room on the ground floor of the house and he was becoming ready to go to his shop and at that time there was a rattling sound on the upper floor of the house and smoke started emanating from there and at this they ran to the upper floor of the house and found west southern room of the first floor of the house closed from inside from which smoke was coming out and they raised alarms and started pushing, the door as a result of which the iron latch of the said door broke and the door was opened and they saw Dimple Verma, the wife of the appellant', inflames and he started extinguishing the said fire by ceasefire and also raised alarms and his neighbour, P.W. 1, Narendra Pandey also came there with his ceasefire and he also attempted to extinguish the fire, but all in vain, and thereafter they started pouring water by buckets and the fire was extinguished and in the meantime a large number of persons of the Mohalla had collected there and it was found that Dimple Verma has already breathed her last. It is also alleged that the informant also found the entire body of Dimple Verma severely burnt. It is also alleged that he got the aforesaid information from the persons assembled there. It is also alleged that marriage of appellant Anup Kumar Verma was solemnized with Dimple Verma, the deceased of this case, on 7-2- 1996 in accordance with Hindu religion and rites and a son was born to her during the period of her wedlock on 4-8-1997 and the deceased was not being allowed to go to her parent's house at Gaya by the appellant after the birth of the said child in spite of her repeated attempts. It is also alleged that prima facie it does not appear a case of suicide and the death of the deceased appears to be a dowry death due to cruelty perpetrated by the appellant on the deceased.