PANKAJ KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present appeal against judgment and order dtd. 29/6/2006 by Additional Sessions Judge 1st Hagaribagh in S.T. Case No. 171 of 2000 whereby and whereunder the sole surviving appellant (Pankaj Kumar Sharma) has been convicted and sentenced for the offence under Sec. 304-B along with other accused Chandwa Devi, who died during the pending of this appeal and her appeal was abated vide order dtd. 25/11/2024 and sentenced to undergo R.I. of seven years along with fine of Rs.5,000.00 with default stipulation.

(3.) Factual matrix giving rise to this appeal is that informant's daughter (Babita Devi) deceased was married in the year 1994 with one Ramesh Chandra Sharma in accordance with Hindu rites and customs and as per capacity, household articles were presented. It is alleged that after expiry of three years of marriage, the informant brought his daughter (Babita Devi) to her parental home, where she disclosed that her mother-in-law and brother-in-law (present appellant) always used to torture her for bringing scooter as additional dowry. It is further alleged that the husband and father-in-law were protesting against any demand, but the above named accused persons were always insisting on the demand of scooter and threatening to kill the deceased. The informant sent his daughter to her matrimonial home with assurance to fulfill the demand of scooter, but on 20/4/1994, he came to know that informant's daughter has been died in matrimonial home and her dead body was lying at nursing home. The informant rushed towards the nursing home and found the dead body of his daughter and also found froth was coming out from the mouth and also saw the mark of strangulation. Therefore, he suspected that mother-in-law and brother-in-law (Pankaj Kumar Sharma) of the deceased have killed his daughter due non-fulfillment of dowry demand.