NIRMAL KUMAR JHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order of conviction and sentence, passed by the Sessions Judge, Godda, in Sessions Case No. 143 of 1999 dated 24th December, 2003 whereby, these appellants have been convicted for the offence punishable under Sections 304B and 498A of the Indian Penal Code. Appellant no.1 has been sentenced to undergo imprisonment for life for the offence under Section 304B of the Indian Penal Code and two years rigorous imprisonment under Section 498A of the Indian Penal Code and appellant nos. 2 to 4 have been sentenced to undergo rigorous imprisonment for seven years for the offence under Section 304B and rigorous imprisonment for two years for the offence under Section 498A of the Indian Penal Code. Both the sentences have been ordered to run concurrently. Case of the Prosecution:

(2.) It is the case of the prosecution that on 25.07.1999 at 11.30 a.m. the informant Anil Chandra Thakur (P.W.II) gave fardbeyan to police that on 14.03.1994 his daughter Swarnlata Devi (deceased) was married with Nirmal Kumar Jha (accused) according to Hindu rites and customs and second marriage (Duragaman) of the informant daughter took place in the year 1995. Thereafter, husband of the deceased, fatherinlaw, motherinlaw and her two brotherinlaws started harassing the daughter of the deceased for demand of dowry in various ways and for dowry Nirmal Kumar Jha has written many letters to the informant. Thereafter, on 03.05.1999, the informant with his son Bipin Chandra Thakur went to the village Haripur to brought his daughter, but, herinlaws (Sasural) family members did not allow her to go. Then there was a sitting with the villagers in which Nirmal Kumar Jha and his mother and father had told them that they will keep Swarnlata Devi properly. On 25.07.1999, Chintamani Kapri of village Haripur came to his house and told him that his daughter Swarnlata Devi has died this morning. After hearing about the death of his daughter, informant alongwith his son Bipin Chandra Thakur and with his wife went to village Haripur and saw the dead body of his daughter Swarnlata. After seeing her body informant found injury marks on the body, hand, neck, leg, lip and back of his daughter and those injury marks, inflicted on his daughter body were caused by assault committed by his daughter's husband, motherinlaw, fatherinlaw and her two brotherinlaws.

(3.) Following twelve witnesses were examined by the prosecution: