LAKHAN MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 04.06.2004 passed by Shri Ashok Kumar Mishra, Additional District and Sessions Judge(F.T.C.), Koderma in Sessions Trial No. 351 of 1990 whereby and whereunder the appellant has been convicted for the offence punishable under sections 498 -A, 201 and 304 -B of the Indian Penal Code and has been sentenced to rigorous imprisonment for seven years under sections 304 -B of the Indian Penal Code, rigorous imprisonment for seven years under section 201 of Indian Penal Code and a fine of Rs. 5,000/ - and in default one year simple imprisonment. However, no separate sentence was awarded for the offence committed under section 498 -A of Indian Penal Code.

(2.) THE prosecution story as would arise from the first information report instituted by Durga Mahto (PW -1) is that the accused persons used to commit torture and cruelty upon the deceased daughter of the informant Basanti Devi and on account of non - fulfillment of dowry, the deceased was done to death. It was alleged in the fardbeyan that the marriage of the daughter of the informant was solemnized two years prior to the incident with the appellant. It has been stated that after marriage for about six months, she was looked after but subsequently there was a demand of Rs. 5,000/ - and on account of the same the daughter of the informant was tortured by the accused persons. Subsequently, the deceased was sent to her parental house and after a considerable lapse of time the father -in -law and husband of the deceased had come to her parental house for Bidai which custom was duly solemnized. It is alleged that on Friday the appellant as well as one Prayag Mahto had come to the house of the informant and had stated that the daughter of the informant had fled away from her matrimonial house at about twelve in the night. When the informant reached the matrimonial house of his daughter, some women disclosed that they have come to know that the dead body of the daughter of the informant is in the well of Kartik Mahto. It is further alleged that since there was darkness all around, no efforts could be made for verifying the correctness of the said information and only in the morning when the police came, the dead body was taken out from the well and the informant identified the dead body as that of his daughter and it was alleged that she was murdered and subsequently thrown in the well on account of non -fulfillment of demand of dowry made by her in -laws including the appellant.

(3.) THE prosecution examined as many as five witnesses in support of its case whereas the defence also examined one witness.