SHANKAR RAJWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants have preferred this appeal against the judgment dated 11.1.2001 and order of sentence dated 12.1.2001 passed by Shri Ramsenhi Thakur, 2nd Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 256 of 1997 whereby and whereunder both the appellants have been convicted under Sections 306 and 498 of the Indian Penal Code and appellant No. 1 has been sentenced to eight years rigorous imprisonment under Section 306 of the Indian Penal Code and two years rigorous imprisonment under Section 498A of the Indian Penal Code and appellant No. 2 Malti Devi has been sentenced five years rigorous imprisonment under Section 306 of the Indian Penal Code and two years rigorous imprisonment under Section 498A of the Indian Penal Code both the sentences to run concurrently.

(2.) THE factual grounds in nutshell are as follows -The appellant No. 1 Shankar Rajwar was married with Bilaso Devi, sister of the informant but got no issue. It is further asserted that later on Shankar Rajwar developed illicit relation with appellant No. 2 Malti Devi, a widow and this, resulted in ill treatment meted out to the deceased. On the fateful date on 30.5.1997 the deceased has sold 5 kg of Marua without permission of the appellant, which resulted in assault on Bilaso. Further alleged Bilaso thereafter consumed poison and died. The informant receiving the information, informed the police on the basis of which Mahuatand P.S. Case No. 11 of 1997 was registered against the appellants under Sections 498A, 306/34 of the Indian Penal Code. The appellants were arrested and police investigated the case and finally submitted charge sheet against the appellants for the offences under Section 306, 498A/34 of the Indian Penal Code. The appellant No. 1 remained in custody. The case was committed and tried the learned trial Court believing the prosecution version sentenced the appellants as mentioned above for the offences under Section 306/498A of the Indian Penal Code separately.

(3.) I have considered the statements along with evidence available on the case records. The alleged death of Bilaso due to poison is not disputed. The statement of Court witness. Dr. Ajit Kumar Choudhary who conducted the post mortem on the dead body has reveled that the death was due to poison, vide Ext. 2. The defence has not asserted that death was due to some other reason. The plea taken by the appellants was that she has consumed poison without any valid reason. The appellant No. 2, Malti Devi has produced two witnesses in defence to prove that she was at work on 30.5.1997.