HIRAMAN THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Per Justice Ananda Sen, The appellant has been convicted for committing offence under Section 304B of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 (seven) years vide judgment dated 18.01.2003 and order of sentence dated 20.01.2003. Aggrieved by the said judgment passed in Sessions Trial No.66 of 1995, arising out of Itkhori P.S. Case No.42 of 1991, the appellant has preferred this criminal appeal.

(2.) The prosecution is based on the fardbayan of P.W.3, the informant, who is the elder brother of the deceased. He has stated in his fardbayan that on 12.05.1991 at night, he received information that his sister (deceased) fell ill. When they went to her in-laws' house, she was found dead. He further mentions that earlier they were informed that they should deliver the promised goods, then only her sister would be allowed to reside in her in-laws' house. Based on this fardbayan, F.I.R. being Itkhori P.S. Case No.42 of 1991 was registered under Sections 304(B) and 201 of the Indian Penal Code.

(3.) The police investigated the case and filed chargesheet under Sections 304B and 201 of the Indian Penal Code against the appellant. After taking cognizance, the case was committed to the Court of Sessions. The appellant pleaded not guilty to the charge under Section 304B IPC and claimed to be tried.