GOPI KUMAR CHAND Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and sentence dated 1st May, 2006 and 3rd May, 2006 respectively passed by learned 3rd Additional District & Sessions Judge, F.T.C., Dumka in connection with Sessions case No. 34 of 2005, whereby the appellant has been held guilty for the offence punishable under Sec. 304B of Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution, as it appears from the First Information Report is that Reba Devi(daughter of the informant) was married with the appellant on 10.03.2004 according to Hindu Rites and Custom. Cash and valuables were given in the marriage, but the appellant and his family members were not satisfied with the articles given in the marriage and they put forward demand for a motorcycle and a colour Television and for non -fulfillment of aforesaid demand, Reba Devi was subjected to torture and treated with cruelty by her husband(appellant) and his family members. Between the intervening night of 8 -9th June, 2004, Reba Devi sustained burn injury and died in her matrimonial home. It is disclosed that after death of Reba Devi, matter was reported to Superintendent of Police vide Ext -A, but no action was taken and thereafter complaint case vide P.C.R. case No. 317 of 2004 was filed in the court of learned Chief Judicial Magistrate, Dumka. The aforesaid complaint was sent to concerned Police Station under Sec. 156(3) of the Code of Criminal Procedure with a direction to register a case and investigate into the matter. On the basis of endorsement made on complaint petition(Ext -3), Shikaripara P.S. Case No. 46 of 2004 dated 25.07.2004 for the offence punishable under Ss. 498A, 326, 406, 304B and 120B I.P.C. was registered against the appellant and his family members.

(3.) Charge under Sec. 304B I.P.C. and/or in alternative Sec. 302 I.P.C. was framed against the appellant to which the appellant pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charges, has examined altogether fourteen witnesses including doctor, Investigating Officer and the informant. Learned 3rd Additional District & Sessions Judge, F.T.C., Dumka placing reliance on the evidence and documents, held the appellant guilty for the offence punishable under Sec. 304B I.P.C. and the alternative charge under Sec. 302 I.P.C. stands not proved.