STATE OF JHARKHAND Vs. UPENDRA MEHTA

JUDGEMENT

(1.) Acquittal Appeal (DB) No. 1 of 2012 has been filed by the State of Jharkhand and Criminal Appeal (DB) No. 3 of 2012 has been filed by Amardeo Mahto both against the judgment of acquittal dtd. 29/7/2011 passed in Sessions Trial No. 118 of 2010.

(2.) In Bishrampur PS Case No. 167 of 2009, Upendra Mehta who is the husband of Rita Devi, Balkaran Mahto who is the father-in-law, Kalawati Devi who is the mother-in-law, Ajay Mahto who is the brother-in-law and Tejni Devi who is wife of Ajay Mahto were made accused on the suspicion that they have committed dowry death of Rita Devi in furtherance of common intention. According to the prosecution, after the marriage of Rita Devi which was solemnized in the year 2004 with Upendra Mehta the accused persons started ill-treating her in connection to demand of Rs.4.00 Lakhs. Amardeo Mahto who is the father of Rita Devi and informant of this case has also made an allegation against the accused persons of harassing and ill-treating his daughter because she was not able to bear a child.

(3.) On 26/11/2009 at about 6:30 AM, Upendra Mehta gave an information to the informant that Rita Devi had become traceless since last night. However, when the informant visited village Tukbera he found the house of the accused persons locked. Thereafter he alongwith other villagers went towards the well in the village where he found slippers of his daughter. The villagers who apprehended that Rita Devi has fallen into the well then started searching for her body with an anchor and that is how the dead body of Rita Devi has been recovered from the well. He has further stated that at the time of the marriage he had given articles worth Rs.1,50,000.00 to the accused persons but on account of greed for more dowry they have killed his daughter. The informant has, therefore, raised a suspicion that the accused persons have committed dowry death of his daughter.