UDAY KANT JHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has been found guilty for the offence under Section 304-B of the Indian Penal Code and has been convicted for the same by Judgment dated 6.8.2002 passed by the learned 2nd Additional Sessions Judge, Bokaro, in Sessions Trial No. 15 of 1999. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for seven years for the said offence. The other co-accused persons facing the trial have been acquitted by the Trial Court finding no offence against them.

(3.) The prosecution case was lodged on the basis of the fardbeyan of the informant Chandrakant Khan, which was recorded at Gujrat Colony near Shiv Mandir, on 25.4.1998 at 20.45 hours. It is stated in the FIR that the daughter of the informant was married to the appellant about three years ago and one son and one daughter were born to the deceased, who was being subjected to cruelty and torture for demand of dowry by her husband, the elder brother of her husband and his wife and their sons, for demand of Rs. 10,000/- in dowry. It is stated that the deceased came to the house of the informant on 20.4.1998 making demand of dowry and informing that she would be killed if demand of dowry was not fulfilled, whereupon the informant sent her back with Rs. 6,000/-. On 25.4.2998 the informant was informed that his daughter was done to death, whereupon, he went to the house of the accused, but did not find any one there.