JAIRAM SINGH, Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order of conviction and sentence dated 23rd December, 2000 and 2nd January, 2001 passed in S.T. No. 119 of 1998 by 3rd Additional Sessions Judge, Jamshedpur whereby and whereunder they have been convicted for the offence under Section 304(ii) of the Indian Penal Code and have been sentenced to undergo Rigorous imprisonment for three years.

(2.) BRIEF facts leading to their conviction are that the informant P.W. 2 Ramanand Singh submitted a written report to the officer in charge of Baghbera police station district Jamshedpur on 01.01.1997 alleging therein that his daughter Punam has been burn to death by the appellants on 25.12.1996. The informant has given detail that deceased Punam was married with the appellant Jairam Singh on 2.5.1993 according to Hindu customs. It is further stated that after one year of the marriage the appellant Jairam Singh and his father started demanding motorcycle, which could not be fulfilled. It is further stated that in the year 1993 when his son P.W. 1 Santosh went to meet the deceased Punam, he was ill treated and demands of motorcycle was again made, he has given detail how the Punam was being ill treated by all the appellants physically and mentally. He further asserted that on 30.12.1996 he got a letter from his well wishers that Punam has died because of burn injuries on 25.12.1996, therefore he has lodged this written report. Baghbera police registered Baghbera P.S. Case No. 01 of 1997 under Section 498A, 304B and 3/4 of the Dowry Prohibition Act against all the appellants and started investigation of the case. The police finally submitted charge sheet against all the appellants and arrested the appellants. The case was committed for trial by the court of sessions. The learned lower court framed charge against all the appellants accordingly on 5.3.1999. The trial court after examining the witnesses came to the conclusion that the prosecution could not prove the dowry demands and torture as well as death of Punam under Section 304B of the Indian Penal Code. The learned lower court has however, held that the appellants allowed Punam to die because of burn injuries and they may be held responsible under Section 304(ii) of the Indian Penal Code. Accordingly, the trial court has sentenced them to serve R.I. for three years.

(3.) THE learned APP opposed this contention on the grounds that Punam died within seven years of her marriage in unnatural circumstances and the learned lower court has taken lenient view of the matter.