DWARIKA MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal at the instance of the appellants named above is directed against the impugned judgment and order dated 13.6.1998 and 18.6.1998 respectively passed in S.T. No. 448 of 1998 by Sri Mishri Lal Choudhary, 5th Additional Sessions Judge, Hazaribagh whereby and whereunder they were found guilty for the offence punishable under Section 304 -B/34 of the Indian Penal Code for causing the dowry death of Kalamati Devi, the lawfully wedded wife of appellant Ajit Rana and they were convicted and sentenced to undergo rigorous imprisonment for ten years each. However, co -accused Gita Devi was found not guilty and she was accordingly acquitted.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of informant PW 7 Deoki Rana, the father of Kalamati Devi, the deceased of this case recorded on 29.5.1998 at 18.15 hours at Bari of the house of the appellants situate in village Chutiaro by PW 8 SI S.N. Prasad of Muffasil P.S. Hazaribagh about the occurrence which is said to have taken place on that very day in the said Bari of the house of the appellants for causing the dowry death of Kalamati. The case against the appellants was instituted by drawing of a formal FIR (Ext. 3) on that very day at 22.15 hours which was received in the Court on 31.5.1998 empowered to take cognizance.

(3.) THE appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case on mere suspicion.