LAWS(JHAR)-2015-1-48

S. KUMAR TIWARI Vs. THE STATE OF JHARKHAND

Decided On January 19, 2015
S. Kumar Tiwari Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 11.6.2001 and 12.6.2001 respectively passed in Sessions Trial No. 296 of 1998 whereby and whereunder, 1st Additional Sessions Judge, Palamau while acquitting the appellant of the charges under Sections 304B and 498A of the Indian Penal Code convicted him for the offence punishable under Section 302 of the Indian Penal Code for committing murder of his wife, Seema Devi and sentenced him to undergo rigorous imprisonment for life.

(2.) The case of the prosecution is that the deceased-Seema Devi had been married to appellant-S. Kumar Tiwari @ Sumer Kumar Tiwari in the year 1996. After marriage when the deceased-Seema Devi started living in her in-laws place, the appellant (husband), two brothers-in-law (Devars), Uncle-in-law and Aunt-in-law started subjecting the deceased-Seema Devi to torture on account of non-fulfillment of demand of dowry of Rs. 20,000/- and also a Cow and a Bullock. On 5.6.1997 when the deceased had come to the house of her brother-Ashok Kumar Dubey (P.W.1), she disclosed all those things to him. Thereafter, Seema Devi went to her in-laws place. On 7.6.1997 at about 5:00 pm, one Jaymati Devi (not examined) informed the informant-Ashok Kumar Dubey (P.W.1) that his sister has died on accountof being burnt. On knowing this, when the informant went to his sister's place, he found her sister dead.

(3.) On such accusation, a case was lodged, which was registered as Chainpur P.S. Case No. 64 of 1997 under Section 302 of Indian Penal Code.