SUNIL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises against the judgment of conviction and order of sentence dated 21-08-1998 and 24-08-1998 respectively passed by the Sessions Judge, Deoghar in Sessions Trial No. 9 of 1998 whereby, the learned Sessions Judge convicted the appellant for the offence under Section 304-B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years. The other accused namely Shakuntala Devi, the mother-in law of the deceased who was also charged for the said offence, was however acquitted by the Trial Court.

(2.) In Short the prosecution case is that the informant Mukesh Kumar Jha lodged a F.I.R. on 01-07-1997 alleging therein that the accused Sunil Kumar Jha was married to the sister of the informant 3 years back. On 21-05-1997, the appellant Sunil Kumar Jha came to the father of the informant and demanded for a Scooter in dowry which was promised to be given to him at the time of his marriage. On refusal of the informant's father, the accused threatened him that he would face the consequences. Thereafter, the informant's sister was being illtreated and tortured by the in-laws. On 26-06-1997, at about 5.00 p.m., the informant received one letter from which, he came to know about sudden death of his sister. On receipt of that letter, the informant proceeded for the in-laws place of his sister on 27-06-1997. After reaching there, he asked as to how his sister suddenly died. At this, the appellant Sunil Kumar Jha and his mother started crying and requested the informant to save them and forget whatever has already happened. Subsequently, the villagers informed him that his brother-in-law Sunil Kumar Jha and his mother Shakuntala Devi in fact have killed his sister by poisoning.

(3.) The defence case is of denial of the allegations and that the deceased died of natural death due to illness as she was suffering from diarrhoea. It is relevant to mention here that prior to the lodging of the F.I.R. by the informant, the information had already been given to the Police regarding the death of the deceased and the Police had already registered a U.D. Case. An Inquest Report was prepared and the dead body was sent for post-mortem examination. The post-mortem examination of the dead body of the deceased was held on 19-06-1997. The appellant, who is the husband of the deceased Rubi Devi and his mother Shakuntala Devi were charged under Section 304-B of the Indian Penal Code.