KHIRU RABIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 27-11-2000, whereby and whereunder the learned Additional Sessions Judge, Bermo at Tenughat convicted the appellant under S. 304-B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of nine years in connection with Sessions Trial No. 100 of 1997.

(2.) Prosecution case as alleged that one Suresh Ravidas lodged a First Information Report alleging therein that his sister Basanti Devi was married with the appellant-Khiru Ravidas and she was residing at her Sasural along with the accused persons peacefully, but later on they started torturing her and whenever she came to her Naihar she narrated the incident about torturing. The accused persons also used to assault her and were not supplying even food, oil and cloth to her. There was also Panchayati held and the accused persons were asked to keep his sister peacefully. On the basis of which his sister was take to her Sasural by the appellant but again they started torturing her. On 13-9-1996 the informant came to know that his sister was done to death by strangulation and they have made out a story of suicide. Accordingly, the FIR was lodged against the accused persons including the appellant for the offences under S. 304-B, I.P.C. and Ss. 3/4 Dowry Prohibition Act.

(3.) The police investigated into the case and submitted charge-sheet finding the case true against the accused persons. All the accused persons appeared before the Sessions Court and accordingly charges were framed against the accused persons for the offences u/S. 304-B, I.P.C. and Ss. 3/4 Dowry Prohibition Act. Witnesses were examined from both sides in the Court below and after hearing both sides, the learned Additional Sessions Judge, though acquitted other accused persons, convicted the appellant only for the offence u/S. 304-B of the Indian Penal Code and sentenced to rigorous imprisonment, in the manner as stated above by the judgment impugned. Hence, this appeal.