JHABOO MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the impugned judgment dated 7-8-2003 passed by the learned 12th Additional Sessions Judge, dhanbad, both the appellants were convicted for the offences under Sections 304b/ 34 of the IPC as well as Section 3/4 of the dowry Prohibition Act and by order dated 8-8-2003, they were sentenced to undergo imprisonment for 10 years for the offences under Section 304b of the IPC, 5 years for the offences under Section 3 of the Dowry prohibition Act besides fine of Rs. 15,000/-and 6 months for the offence under Section 4 of the Dowry Prohibition Act.

(2.) CASE against the appellants was registered on the basis of the fardbeyan of the informant Rasun Mahato (PW8) on 27-1-1994. The gist of the charge against the appellants, who were tried along with six others, is that the informant's daughter Jamni devi was married to the appellant No. 2 kartik Mahato about 1 and 1/2 years prior to the date of occurrence. As consideration for the marriage, substantial amount of cash besides gift articles including utensils were given by the informant to his aforenamed son-in-law (appellant No. 2) and his father jhaboo Mahato (appellant No. 1 ). After marriage, his daughter went to her matrimonial house where for about a month she was treated well, but thereafter, she was brought back by her husband and in-laws to her paternal home. Her husband and in-laws refused thereafter to take her back to their house unless their demand for payment of rs. 10,000/- being the balance of the settled dowry amount, and transfer of cultivable land, was made in their favour. The informant was thus prevailed upon to arrange for the money and to transfer 8 decimals of his land in favour of the appellant No. 1 and after three months, the girl was taken back to her matrimonial house. The informant used to visit his daughter at the house of her in-laws frequently and during such visits, his daughter used to complain that her husband and in-laws were continuously illtreating and subjecting her to cruelty for fulfillment of their demand of a V. C. R and a television set and that she was denied food and even physically assaulted. The informant had tried to console her and had also pleaded with her husband and in-laws. The last occasion when he met his daughter was on 25-1-1994 and on this occasion also, she had complained that she was being subjected to cruelty on account of non-fulfillment of their aforesaid demands. Two days lateri. e. on 27-1-1994 he received information from his brother that his daughter was set on fire in the night on 26-1 -1994 by her husband and in-laws. The informant went to the house of his daughter where he was informed that the girl was taken to Dumra hospital and from where she was transferred to the Central Hospital, Jagjivan Nagar, dhanbad. By the time he reached the hospital, he found his daughter dead. As per the report of autopsy, the doctor had observed that partial skin with deep ante mortem injury were seen all over the body except soles and head barring mid line portion 51/2 'x 2". On dissection, he had found that internal organs were found congested. Both sides of heart were partially full and uterus was non pregnant. Upper respiratory passage was congested and showed presence of carbonaceous matter on its wall. Skull and brain showed nothing particular. He had also found smell of kerosene in the scalp hair. In his opinion, death was resulted from shock due to burn injuries.

(3.) BOTH the appellants had denied the charges and had pleaded not guilty claiming that they have been falsely implicated in this case. Their case in defence is that the deceased while cooking at home, had accidentally caught fire which had resulted in her death.