SANJAY MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants have preferred this appeal against the judgment of conviction dated 31.7.2002 and sentence dated 1.8.2002 passed in Sessions Trial No. 291 of 1995 by Additional Sessions Judge, Daltonganj whereby and whereunder both the appellants stand convicted under Sec. 304 -B/201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and three years each respectively and both the sentences to run concurrently.

(2.) BRIEF facts leading to this appeal are that the appellant No. 1 Was married with one Surti Devi in the year 1990. It is further asserted that one month before this incident and appellant No. 1 came to his in -laws and asked them to send the girl with him otherwise he would remarry with another girl. The appellant No. 1 was suggested by his in -laws that they will send the girl after consulting his father. However the appellants again came on 13.3.1994 and took away the victim on 14.3.1994. According to prosecution case, P.W. 1 Bhim Mahto brother of the deceased went to village Kolhura on 16,4.1994 to know about the welfare of the girl when he was asked by the appellants to bring Rs. 15,000 cash and one motorcycle before his sister would be sent with him.

(3.) THE present appeal has been preferred mainly on the grounds that the learned trial Court has not considered the contradictions in the evidence of prosecution witnesses. It has further been asserted that the story of dowry demands and torture for non -fulfillment of the same has not been proved by the prosecution. It was pointed out that the deceased died due to diarrhea, which has been brought on record by D.Ws. 1 to 3. Therefore the presumption that she died for non -fulfillment of dowry demands is misplaced and misconceived. The non -examination of the I.O. has also been highlighted. Accordingly, the learned Counsel for the appellants Mr. T.R. Bajaj submitted that the appellants deserve to be acquitted of the charges.