PRATIMA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment of conviction dtd. 23/4/2004 and order of sentence dtd. 26/4/2004 passed by the learned Addl. Dist. Judge-VI, Giridih in S.T. No. 90 of 2001/20 of 2002 whereby and whereunder the appellants have been held guilty for the offence under Ss. 498A and 306 of the IPC and the appellant No. 1 has been sentenced to undergo R.I. for three years with fine of Rs.1000.00 with default stipulation for the offence under Sec. 306 of the IPC and appellant No. 2 has been sentenced to undergo R.I. for 7 years for the offence under Sec. 306 of the IPC along with a fine of Rs.1,000.00 with default stipulation. Both the appellants have further been directed to undergo R.I. for one year for the offence under Sec. 498A IPC.

(2.) I have already heard the arguments of learned counsel for the appellants and learned APP assisted by learned counsel for the informant.

(3.) The factual matrix giving rise to this appeal is that one Arti Devi @ Guddi (since deceased) who happened to be sister of the informant, was married with appellant No. 2 Amar Tiwary in accordance with Hindu Rites and Customs, about three years prior to institution of this case. It is alleged that after Gauna, she went to her Sasural, where she resided about two months. Thereafter, her brother (informant) brought his sister to parental home. Then, she disclosed that her mother-in-law had asked her to bring Rs.20,000.00 from her father for the purpose of marriage of her sister-in-law. It is further alleged that after six months, informant's sister went to matrimonial home along with her husband. It is further alleged that when the informant went to matrimonial home of his sister on the occasion of Rakcha Bandhan, then, mother-in-law of his sister started quarreling with him making various complaints against his sister, whereby, the informant brought his sister to his home, where she disclosed that she was always subjected to assault and torture by her mother-in-law and Nanad on account of non-fulfillment of the aforesaid money. Thereafter, the informant asked about the cruel treatment and torture meted to his sister from the accused persons but they declined to reply anything, rather, assured that such type of conduct shall not be repeated in future and again accused Amar Tiwary along with his wife went to his home. It is alleged that on 13/10/1999, Mahesh Pandey (P.W.-4), maternal uncle of the informant came and told that Arti Devi is missing from the evening from her matrimonial home. The villagers made a search and the dead body of the informant's sister was found floating in a well adjacent to the house of the appellants. The dead body was brought out and it was noticed that there was bleeding from nostrils and injuries near the left ear, therefore, informant claimed that his sister was thrown into the well after killing her by the accused persons due to non-fulfillment of demand of dowry.