KANHAI DHIBAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal arises against the judgment of conviction and order of sentence dated 17th April 2001 and 21st April, 2001 respectively passed by the 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 243 of 2000 whereby and whereunder, the learned trial Court convicted the appellant for the offence under Sections 498A and 304B of the Indian Penal Code as well as under Section 3/4 of the Dowry Prohibition Act. The appellant was sentenced to undergo R.I. for life for the offence under Section 304B of the Indian Penal Code, R.I. for a period of three years for the offence under Section 498A of the Indian Penal Code, R.I. for a period of two years for the offence under Section 3 of the Dowry Prohibition Act and R.I. for a period of six months for the offence under Section 4 of the Dowry. Prohibition Act. However, all the sentences were ordered to run concurrently.

(2.) PROSECUTION case, in short, is that informant's sister Hemlata Dhibar was married with the present appellant Kanhai Dhibar of village Govindpur 6 -7 months prior to the date of her death. In the said marriage dowry in cash and kind was given to the appellant, but an amount of Rs. 5000/ - by way of dowry, which was assured to be paid after the marriage, could not be paid by the informant due to his poverty and, therefore, due to non -fulfillment of demand of dowry, the appellant Kanhai Dhibar used to torture his wife i.e. deceased, mentally and physically and ultimately the appellant done away with the life of Hemlata by putting her to fire and he also cremated her dead body without informing the informant or his other -family members.

(3.) IN order to establish the charges, altogether 8 prosecution witnesses were examined on behalf of the prosecution. Out of whom P.W. 1 is the informant Kanhai Dhibar, who is brother of the deceased, P.W. 2 is Satya Devi, the mother of the deceased, but she was declared hostile, P.W. -3 is Deepak Dhibar, he is also a hostile witness, P.W.