MANESH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae for the appellant appointed by the Court, and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction dated 17.06.2008 and Order of sentence dated 21.06.2008, passed by the learned Additional Sessions Judge, F.T.C. III, Hazaribagh, in S.T. No. 468 of 2004, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs. 20,000/-.

(3.) The prosecution case was instituted on the basis of fardbeyan of Jhaman Mahto, the father of the deceased Kaushalya Devi, recorded on 01.05.2004. The informant has stated that in the month of last December his daughter was married to the accused Manesh Mahto and she was residing at her in-laws' place. On 26.04.2004 his youngest son Bishnu Kumar Mahto had met his sister, who informed him that she was being subjected to cruelty and torture for demand of Rs. 40,000/- and she suspected that she would be killed. On 30.04.2004, Ganesh Mahto, the elder brother of his son-in-law came and informed that his daughter was missing from the house. Thereafter, he went to village Tewardag, the in-laws' village of his daughter and he was informed that the dead body was in a well. When the dead body was taken out he found blood coming out from the nostrils. The informant claimed that his daughter was killed for the demand of dowry by her husband and other in-laws. On the basis of fardbeyan of the informant, Ramgarh P.S. Case No. 123 of 2004 corresponding to G.R. No. 999 of 2004 was instituted for the offence u/s 304-B / 34 of the Indian Penal Code, against the husband and the in-laws and investigation was taken up. After investigation, the police submitted the charge-sheet against the sole accused Manesh Mahto, who is the husband of the deceased.