NAGESHWAR RAJWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the criminal appeals, bearing Criminal Appeal (D.B.) No. 1418 of 2008 preferred by appellant Nageshwar Rajwar and Criminal Appeal (D.B.) No.1196 of 2008 preferred by Saraswati Devi are taken up together and are disposed of by common judgment as both the criminal appeals arised out of same judgment dated 22.08.2008 passed in S.T. No. 115/174 of 2004 by Sri Prem Prakash Pandey learned Ist Addl. Sessions Judge, Bokaro holding the appellants guilty for the offence under Section 304(B) I.P.C and further sentenced them on 25.08.2008 whereby both the appellants have been ordered to undergo rigorous imprisonment for life under Section 304(B) I.P.C.

(2.) The case of the prosecution, as unfolded in the written report(Exhibit1) of the informant, P.W.5 Sudhir Rajwar addressing to OfficerinCharge, of Chas Police Station dated 23.10.2003 alleging that he is resident of village Narkara, P.S.Balidih, District Bokaro, his sisterUrmila Devi was married in the month of June, 2002 with Nageshwar Rajwar [appellant in Cr. Appeal(D.B.) No. 1418 of 2008]. It is alleged that in the marriage, 55,000/ (fifty five thousand) in cash and other articles were given in dowry. The sister of the informant went to her sasural. Thereafter, she came to her parental home with her father and Nageshwar Rajwar also came there and fell ill and he was treated and thereafter he returned back to his house. It is further alleged that in the meantime his sister disclosed that her motherinlaw, her husband Nageshwar Rajwar used to put pressure for demand of one Hero Honda Splendor motorcycle and one Colour T.V, any how his father and other family members assured to provide motorcycle, thereafter, his sister went to her matrimonial home. It is further alleged that before three months of the occurrence, his sister came to the house and disclosed that her husband Nageshwar Rajwar, motherinlaw and one neighbour Elu Rajwar, Ram Bilash Kapardar, Jagdish Kapardar, Bhikhan Kapardar being the maternal uncle of her husband regularly used to put pressure for demand of motorcycle and threatened with dire consequences. It is further alleged that on 23.10.2003 at about 3.00 p.m Raju Rajwar (not examined)son of Bandhu Rajwar informed the informant that his sister Urmila Devi has been murdered, thereafter the informant along with his family members and some villagers went to matrimonial home at village Gomdih, Tolla Piprabera, P.S. Chas (M) of his sister and reached there at 5.00 hours and found his sister dead having black mark on the left side of the neck. It is alleged that though the dowry demand was not fulfilled, her sister was murdered strangulating by the the accused persons.

(3.) On the basis of aforesaid written report of the informant, Chas(M) P.S. Case No. 75 of 2003 was registered for the offence under Section 304B of the Indian Penal Code.