RAMA SHANKAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. K. Kashyap, learned senior counsel for the appellant and Mrs. Priya Shrestha, learned Special P. P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 19/3/2016 and order of sentence dtd. 22/3/2016 passed by Sri Manoj Kumar Singh, learned Additional Sessions Judge II, West Singhbhum at Chaibasa in Sessions Trial No. 313 of 2007 whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 302/498A of I.P.C. and has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000.00 under Sec. 302 of I.P.C. and rigorous imprisonment for 3 years along with a fine of Rs.5,000.00 for the offence under Sec. 498A of I.P.C. and in default of payment of fine, the appellant has to undergo simple imprisonment for 6 months. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that the marriage of the daughter of the informant was solemnized with the appellant about 10 years ago. It was a love marriage. Out of the said wedlock, the couple had three children. The appellant initially used to run a hotel, but at present, he is unemployed. It has been alleged that on 17/8/2007 at about 6:00 P.M., she had visited the house of her daughter and found the appellant and her daughter quarrelling and the appellant was giving threat to her daughter. The appellant was a drunkard and after marriage her daughter was subjected to torture and assault. It has been alleged that after pacifying the situation, she had come back home at around 7:00 P.M. and at about 8:00 P.M., her grand-daughter Sweeti Kumari came crying and disclosed that the appellant had set ablaze her mother by pouring kerosene oil over her. When she rushed to the house of the appellant along with her sons Babloo Sahay and Sacchidanand Sahay, she found her daughter fully burnt and lying in an unconscious state. She was thereafter taken to Noamundi Tisco Hospital whereafter giving preliminary treatment she was referred to Tata. On the way to Tata, her daughter breathed her last. Based on the aforesaid allegations, Gua (Bada Jamda O.P.) P. S. Case No. 56 of 2007 was instituted for the offences punishable under Sec. 302 of I.P.C. On completion of investigation, charge-sheet was submitted under Ss. 302 and 498A of I.P.C. against the appellant, wherein after cognizance was taken and the case was committed to the court of Sessions vide order dtd. 4/12/2007. Charge was framed for the offences punishable under Ss. 302 and 498A of I.P.C. and the contents of the charge were read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.