SUKAR SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been directed by the appellant named above against the judgment and order dated 23.4.2002 passed in Sessions Trial No. 99 of the 1998 by Shri Anil Kumar Choudhary, Additional Sessions Judge, Bermo and Tenughat, whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life. However, they were acquitted for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 4ue to legal infirmity i.e., want of sanction of the prescribed authority as well as the demand of dowry not being the consideration of marriage. Co -accused Raju Sao was found not guilty of all the charges aforesaid and he was acquitted.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 1) of PW 2, Manoj Kumar Sao, the cousin brother of Brijbala Devi, the deceased of this case, recorded by Shri Upendra Kumar Ram, S.I. of Dugda P.S. on 24.8.1997 at 18.45 hours at Dugda Basti P.S. Dugda, District -Bokaro regarding the occurrence which is said to have taken place on that very day at 17.30 hours in the house of the appellant. The case was instituted on the basis of the said fardbeyan by drawing formal FIR on that very day at 20.30 hours and the said fardbeyan and the formal FIR were received in the Court empowered to take cognizance on 26.8.1997.

(3.) THE appellant have pleaded not guilty to the charges 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. It has also been stated that Brijbala Devi, the deceased in this case has committed suicide by hanging herself. It has also been contended that appellants, Sukar Sao and Kaushalya Devi had gone to their daughters house at village -Kamlapur three days prior to the occurrence and they returned to their house in Dugda Basti at 6.30 p.m. on the day of the occurrence.