ANAND MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Sole appellant Anand Mahato stands convicted for the offence under Sections 304-B and 498A of the Indian Penal Code and sentenced to serve rigorous imprisonment for life and two years respectively, by the Sessions Judge, Seraikella- Kharsawan in Sessions Trial No. 208 of 2001.

(2.) The prosecution case, in short, is that the appellant was married with Rupali Mahato, the daughter of informant Madhu Sudhan Mahato in June 1998. It is further stated that two months prior to this incident, appellant started demanding one motorcycle and cash of Rs. 20,000/- as dowry since the marriage of the son of the informant has been finalized. According to the informant, he assured the appellant to fulfill the demands after two-three months of the marriage. This marriage was solemnized on 25-2-2001 after which the appellant took away his wife on 28-2-2001 threatening the informant. According to the informant, on 15th of March 2001, the appellant came to him and again demanded motorcycle and cash. It is further alleged that when the alleged demand could not be fulfilled, the appellant left the house of the informant threatening that he will now receive the dead body of his daughter. The informant sent Bijendra Mahato (P.W.4) to get him seen off on his scooter. The next morning on 16-3-2001, he received information that the appellant and her-in-laws killed his daughter by burning. The wife and brother of the informant went to T.M.H., Jamshedpur, but they could not see the dead body. Thereafter on 17th of March 2001, the dead body was handed over to the appellant's family after postmortem. The informant further alleged that earlier also he has handed over Rs. 30,000/- in cash to the appellant and his daughter.

(3.) This statement was given to the police by the informant on 21-3-2001, on the basis of which, Raj Nagar Police Station Case No: 8 of 2001 under Sections 304-B of the Indian Penal Code was registered against the appellant and his parents as well as brother. The police investigated the case and finally submitted charge sheet against the appellant and his father, while investigation continued against his mother and brother. The case of the appellant was committed to the Court of Session wherein the appellant along with his father was charged under Sections 304-B/34 and 498(A) of the Indian Penal Code on 4-12-2001 by the learned Sessions Judge, Seraikella. The appellant pleaded not guilty and claimed to be tried. The learned trial Court after examining the witnesses found and held the appellant guilty under Sections 304-B and 498(A) of the Indian Penal Code while acquitting the father of the appellant from these charges.