AMOD KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have already heard Mr. B.M. Tripathi, learned senior counsel appearing for the appellant and learned A.P.P. assisted by Mr. A.K. Sahani, learned counsel for the informant.

(2.) The instant appeal has been preferred by the appellant against the judgment and order of conviction and sentence dtd. 9/8/2017 and 11/8/2017 passed by learned Additional Sessions Judge-XV, Dhanbad for the offence under Sec. 304B of IPC in S.T. Case No.573 of 2009, whereby and whereunder the appellant has been directed to undergo R.I. of 10 years along with fine of Rs.5,000.00 with default stipulation for the offence under Sec. 304B of IPC. Other co-accused persons, who were relatives of the husband(appellant) have been acquitted extending the benefit of doubt due to their separate employment and residence.

(3.) The factual matrix giving rise to this appeal is that one Yogita Kumari (since deceased) was married on 14/5/2002 according to Hindu rites and customs with the present appellant, Amod Kumar. It is further alleged that at the time of marriage, Rs.5.00lakhs cash, one Maruti-800 Car along with other household articles and jewelries were given by the informant. The daughter of the informant joined her matrimonial home and started discharging her conjugal life happily for one year and also blessed with a girl child. Thereafter, the husband, motherin-law, brother-in-law and sister-in-law again raised demand of dowry, for a sum of Rs.5.00 lakhs and started taunting and tormenting the deceased for bringing insufficient dowry given by her father. The accused persons were also threatening that if the aforesaid demand will not be fulfilled, they will make her life miserable. The daughter of the informant replied that her father has no means to fulfill the aforesaid demands. Therefore, she was frequently being tortured in various means. It is further alleged that the informant upon telephonic call by his daughter, twice visited the matrimonial home and tried to convince and pacify her husband and in-laws but they did not stop their demand and keep continued torture upon his daughter both mentally and physically. It is further alleged that on 9/10/2005, on the occasion of Dushhara festival, the informant's son and his driver Hafiz went to matrimonial home of the deceased with sweets, toys and clothes for newly born baby, but the accused persons insisted upon their demand of Rs.5.00 lakhs, otherwise, be ready to face dire consequences. On 18/10/2005, the informant's daughter (deceased) gave a telephonic call and intimated that she has been seriously harassed and tortured at the hands of the accused persons and there is apprehension of her life. Thereafter, in the very next day on 19/10/2005 at about 3:00 pm, the informant got telephonic message at his Ranchi residence that his daughter has been fallen down and admitted in Jalan Hospital, Dhanbad. It is further alleged that the informant along with his wife went to Jalan Hospital, Dhanbad and reached there at about 9:30 pm and found that his daughter was admitted in ICU in critical situation. The informant raised doubt that his daughter was brutally assaulted by the accused, thereafter, hanged and in course of treatment, she died in the mid night of 19/20/10/2005.