KAILASH PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction dated 23.10.2008 and Order of sentence dated 24.10.2008 passed in Sessions Trial No. 2 of 2008, by the learned Additional Sessions Judge, Fast Track Court, Koderma, whereby, the appellant has been found guilty and convicted for the offences under Sections 304-B and 201/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Section 304-B of the Indian Penal Code and R.I. for 3 years and fine of Rs. 5,000/- for the offence under Sections 201/34 of the Indian Penal Code.

(3.) According to the prosecution case, the deceased Anita Devi was married to the appellant Kailash Pandit about four years prior to the occurrence. It is alleged that soon after the marriage, the deceased was being subjected to cruelty and torture for demand of dowry at her in-laws' place, for which, police case was also filed. It is alleged that she was done to death at her in-laws' place on 27.6.2009 and her dead body was thrown in a well. On 29.6.2007, the informant Ganesh Kumar Pandit, who is brother of the deceased, was informed on phone by the co-villager of the appellant, viz, Narayan Pandit about the occurrence, whereupon the informant along with his family members and villagers went to the in-laws' village of his sister, where they found the dead body in a well. The written report to the aforesaid effect was given by the informant Ganesh Kumar Pandit to the Officer-in-Charge of the Jainagar Police Station in the District of Koderma, wherein it was also stated that both the hands of the deceased were found to be tied and there were also marks of assaults on the dead body of the deceased and blood was oozing out from mouth, nose and eyes. The informant claimed in the written report that the accused persons, who are the appellant and his family members, had committed the dowry death of the deceased on 27.6.2007 and had thrown the dead body of the deceased in a well in order to conceal the evidence. On the basis of the written report, Jainagar P.S. Case No. 46 of 2007 corresponding to G.R. No. 426 of 2007 was instituted and investigation was taken up. After investigation, the police submitted the charge-sheet against the appellant and his parents, and final form in favour of the other family members.