RABINDRA NATH TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 29.07.2003 and 31.07.2003 respectively passed by the Additional District and Sessions Judge-cum-Fast Track Court No.II, Gumla in Sessions Trial No.82 of 1990/Sessions Trial No.7 of 1991,whereby and where under appellants were convicted for the offences under sections 304 (B) and 498(A) read with section 120B read with section 120B of the Indian Penal Code. It appears that appellant No.1 Rabindra Nath Tiwari was sentenced to undergo imprisonment for life under section 304(B) of the Indian Penal Code., whereas appellants nos. 2, 3 and 4, namely, Rajeshwar Nath Tiwary, Surendra Nath Tiwary and Smt. Swikirti Devi respectively were sentenced to imprisonment for seven years for the offence under sections 304B/120 B of the Indian Penal Code. All the appellants were further sentenced to undergo R.I. for a period of three years for the offence under sections 498A/120B of the Indian Penal Code.

(2.) The case of prosecution, according to written report of P.W.1 ( informant) is that, his daughter Ambuj Devi was married to appellant no.1 Rabindra Nath Tiwary in the month of June, 1988. It is then alleged that from past some time, informant's daughter was complaining that her husband used to torture her for bringing more money from her parents. It is then alleged that appellant no.1 demanded Rs.30,000/- from informant for

(3.) On the basis of aforesaid written report, Gumla P.S.case no. 33/1990 dated 16.03.1990 was instituted under section 302 of the Indian Penal Code. and sections 3, 4 and 5 of the Dowry Prohibition Act, and the police took up investigation. During investigation, inquest of the dead-body of deceased Ambuj prepared and her dead-body was sent to Rajendra Medical College & Hospital,Ranchi for postmortem examination. It appears that after completing the investigation, police submitted charge-sheet against the appellants under sections 302/120B of the Indian Penal Code. and sections 3, 4 and 5 of the Dowry Prohibition Act. It appears that learned Chief Judicial Magistrate took cognizance of aforesaid offences and, thereafter, committed the case to the court of Sessions, as the offence under section 302 of the Indian Penal Code. is exclusively triable by a court of Sessions.