BHAGIRATH RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and Order of sentence dated 16th July, 2002, and 17th July, 2002, passed by learned Additional Sessions Judge, Dhanbad in Sessions Trial No. 202/99, whereby and where under the learned Sessions Judge held the Appellants guilty under Sections 304B IPC and convinced and sentneced them to undergo RI for ten years.

(2.) Brief facts leading to this appeal are that the Appellant Bhagirath Rawani was married with deceased Bina Devi in May 1998, according to Hindu rites. It is further stated that just after the marriage the Appellants, husband and mother-in-law of the deceased, used to torture her for one bed and Yamaha motorcycle as dowry. The deceased used to inform her parents regarding this. The informant Digambar Rawani placed an Order for preparation of bed and assured to give motorcycle as and when money is arranged. However, on 30th November, 1998 at 6.45 a.m. Binod Rawani informed them that Bina was seriously ill. The informant along with his son reached Baghmara at Dumari and thereafter they went to Bhaghmara Referal Hospital and found Bina Devi lying dead in casualty ward. Accordingly a report was made to Bhaghmara police, on the basis of which Bhaghmara P. S. Case No. 304/98 was registered against both the Appellants under Sections 304B IPC. The Appellants were arrested and after investigation, chargesheet was submitted against the Appellants. The case was committed for trial by the Court of sessions. The Trial Court framed charges against the Appellants under Sections 304B/34 IPC, to which they pleaded not guilty and claimed false prosecution. Their defence was that Bina died due to diarrhea. The Trial Court after examining witnesses found and held the Appellants guilty under Sections 304B IPC and sentenced them to serve RI for ten years.

(3.) Appellant No. 1 has remained in custody for four years and nine months. This appeal has been preferred on the ground that the learned Trial Court has failed to consider the fact that the deceased died due to natural death and no positive evidence has been brought on record to connect them with dowry demand. It is further asserted that genesis of dowry demands were vague and omnibus to show that actually Bina died in course of any torture or ill-treatment by the Appellants. It has been further asserted that the informant has expressed suspicion of posioning but no forensic report supports this assertion. According to this memo of appeal the injuries found on the dead body was not sufficient in ordinary course of nature to cause death. Therefore Appellants being innocent, may be acquitted of the charges.