SANJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Parambir Singh Bajaj, learned Amicus for the appellants assisted by Mr. A.N. Deo, learned counsel for the appellants and Mr. Santosh Kumar Shukla, learned A.P.P. in Cr.A.(S.J.) No. 782/2003 and Mr. Vikram Sinha and Mr. Santosh Kumar Shukla, learned A.P.P. in Cr.A.(S.J.) No. 747/2003.

(2.) Both the criminal appeals preferred by the appellants against their judgment of conviction dtd. 30/5/2003 and order of sentence dtd. 31/5/2003 passed by learned Additional Sessions Judge- XIII, Dhanbad in Sessions Trial No. 225 of 1996, whereby and whereunder, the appellants have been held guilty and convicted for the offence under Sec. 304B of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years. FACTUAL MATRIX

(3.) The factual matrix giving rise to this appeal is that informant Tilak Dhari Ram (P.W.-6) solemnized marriage of his daughter Nilam Devi (deceased) with Sanjay Ram in the year 1992. After marriage, husband, mother-in-law and father-in-law started demanded Sofa Set, Bed and Wrist Watch from the deceased. Due to non-fulfillment of which, Nilam Devi subjected to cruelty by abusing, assaulting and not providing proper food. It is alleged that after marriage, deceased came to her parental home and complained about the aforesaid demand and torture meted with her and she was not willing to return to her matrimonial home. Anyhow she was convinced to join her matrimonial home. Thereafter, informant's nephew Hira Lal Ram, brother Nand Kishore Ram and his son Manoj Kumar went to the matrimonial home of Nilam Devi, but they were not allowed to enter into the house by her husband and mother-in-law and it was categorically stated that unless and until Sofa Set, Bed and Wrist Watch were not delivered, they will not be allowed to meet their sister. The informant's son accepted to give the above articles, then they were allowed to meet with Nilam Devi and at that time also the deceased told weepingly to her brothers that she might be killed at any time and requested to take her back to her parental home. It is alleged that informant's son after pacifying the matter with mother-in-law and husband of the deceased returned to Calcutta. The informant was managing to give the demanded articles, but within 15 days of the above meeting of his son with his daughter, the informant received a message that his daughter has been set ablaze and admitted at the Central Hospital, Dhanbad for treatment. On receiving aforesaid message, the informant went to said Hospital and found that his daughter Nilam Devi was lying in injured condition on bed, although conscious, but not able to speak. She told by sign language about involvement of her husband, mother-in-law, father-in-law and other accused persons, who have set her on fire by sprinkling kerosene oil. The informant also smelt the odour of Kerosene oil on her body. It is claimed by the informant that the accused persons have killed his daughter due to non-fulfillment of demand of dowry in the shape of Bed, Sofa Set and Wrist Watch.