RAM KAILASH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals are directed against the judgment of conviction and order of sentence dtd. 9/6/2004 passed by Shri Ramendra Nath Rai, 4 th Additional District Judge, Fast Track Court, Dumka in Sessions Case No. 43 of 2003 arising out of Ramgarh P.S. Case No. 44 of 2002 corresponding to G.R. No. 479 of 2002, holding the appellants Ram Kailash Mandal and Sumitra Devi (Appellants in Cr. Appeal No. 1191 of 2004) and Suresh Mandal @ Suresh Kumar Mandal (Appellant in Cr. Appeal No. 1336 of 2004) guilty for the offence under Sec. 304-B of the Indian Penal Code and thereby sentencing them to undergo R.I for seven years.

(2.) Prosecution case was instituted on the basis of the fardbeyan of the Informant Radhyshyam Mandal, alleging therein that his daughter Lalita Devi was married to the appellant Suresh Mandal in 1997. After marriage, she started residing at her matrimonial home. Subsequently, appellants started demanding ten thousand rupees and a motorcycle. To enforce the demand, she was tortured. On 29/5/2002 at about 1.00 p.m., he was informed that his daughter Lalita Devi had died. On receiving this information, he went to her matrimonial home and found his daughter lying in the verandah on the cot. There was some reddish mark on her back, lips and cheek. Accordingly, this case was instituted under Sec. 304-B and 302/34 of the Indian Penal Code.

(3.) Charge was framed against the appellants for the offences under Sec. 302/34 of the Indian Penal Code. Content of the charge was read over and explained to the appellants in Hindi, to which they pleaded not guilty and claimed to be tried.