GUPTA KEWAT Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction and Order of sentence dated 15.01.2008, passed by the learned 1st Additional Sessions Judge, Pakur, in S.C. No.11 of 2006, whereby, the appellant, who is the husband of the deceased, has been found guilty and convicted for the offences under Sections 498-A and 304-B of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment for the offence under Section 304-B of the Indian Penal Code and further sentenced to undergo R.I. for two years for the offence under Section 498-A of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Kailash Kewat, the father of the deceased Pairiya Devi, recorded on 12.09.2005 at about 6:45 AM at the in-laws' place of the deceased. The informant has stated that the deceased was married to the accused Gupta Kewat about 5 to 6 years ago, and out of the wedlock, they had a daughter aged about 4' years and a son aged about 2' years. His daughter was kept properly by her husband for about one and half years and thereafter, the husband demanded Rs.8,000/- from the informant threatening that if the money was not given, his daughter would be killed. The informant replied that, being a poor person, he would not be able to give the money. On 11.09.2005, his son-in-law informed him on telephone that Pairiya Devi was having pain in stomach and she was taken to hospital and she was also brought back from the hospital, but she died in the house. Upon getting this information, the informant along with other persons went to the in-laws' place of his daughter, where he reached at about 9:00 PM, and he saw the dead body in the house, with some injuries on her head, little finger of her hand and in the finger of her leg. He also found froth coming out of the mouth and it also appeared that the neck (bone) was broken. Claiming that the deceased had been killed for the demand of dowry, the informant gave his fardbeyan, stating that she was killed by his son-in-law Gupta Kewat, his uncle and other family members by assaulting and poisoning her. On the basis of the fardbeyan, Pakur (T) P.S. Case No.181 of 2005, corresponding to G.R. No. 452 of 2005, was instituted for the offence under Sections 304-B / 34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.