ARUN SONI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 5.3.2003 and 6.3.2003, passed in Sessions Trial No. 97/2000, by Addl. District & Sessions Judge, Fast Track Court (F.T.C.), III, Garhwa whereby the appellant has been convicted for the offence under Section 304-B of the Indian Penal Code (for short I.P.C.) and 498-A IPC and sentenced to undergo imprisonment for 12 years and 2 years respectively and both the sentences are to run concurrently. The prosecution case as per the written report of informant, Krishna Pd. Soni (P.W. 9) is that his daughter Anita Soni, was married to Arun Kumar Soni on 23.5.1998. That at the time of marriage, as per his capacity he had given money and articles. It is alleged that after marriage, his son-in-law was repeatedly demanding a scooter and due to non-fulfilment of the demand, his son-in-law used to assault and threaten his daughter that if his demand for scooter was not fulfilled, he would set her on fire. It is alleged that his daughter was not provided with proper food/meals and the mother of Arun Soni, elder brother Krishna Soni, Manju Devi-wife of Krishna Soni and Arun Soni after killing his daughter had sprinkled acid on her and cremated the dead body of his daughter before his arrival.

(2.) On the basis of the typed written report dated 26.10.1999, Garhwa P.S. Case No. 175 of 1999 was registered under Sections 498-A/304-B/201 I.P.C. After completion of investigation, charge-sheet was laid whereupon cognizance was taken and the case was committed to the Court of Sessions for trial. Charges were framed against all the four accused to which they pleaded not guilty and they were put to trial.

(3.) The prosecution has examined altogether 11 witnesses viz. P.W. 1-Ram Brikash Das, P.W. 2-Lakhan Pd. Soni, P.W. 3-Tapasi Ram, P.W. 4-Ram Narayan Singh, P.W. 5-Ashok Ram, P.W. 6-Uday Pd. Soni, P.W. 7-Narendra Das, P.W. 8-Durga Devi (mother of the deceased and wife of the informant), P.W. 9-Krishna Pd. Soni, the informant, P.W. 10-Bishwanath Pd. Soni (father of the informant), P.W. 11-Raj Ballabh Paswan.