MOST PURNI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 19.11.2003 and order of sentence, dated 21.11.2003, passed by learned Additional District and Sessions Judge- Vth, Fast Track Court, Giridih, in Sessions Trial No. 178 of 2001, whereby the learned trial court has convicted the appellant for the offence committed and punishable under Sections 304 (B) and 498 (A) of the Indian Penal Code and awarded rigorous imprisonment for seven years for the offence committed and punishable under Section 304 (B) of the Indian Penal Code but no separate sentence has been awarded under Section 498 (A) of the Indian Penal Code. By the same impugned judgment, learned trial court has acquitted the appellant under Section 4 of the Dowry Prohibition Act.

(2.) The prosecution case is based upon the written report submitted by the informant Toto Mahto (P.W. 5), before the Officer-in-Charge, Dumri Police Station in the district of Giridih on 18.10.2000, where the informant has alleged that his daughter Nageshwari Devi, aged about 21 years was married with Jeetan Mahto, son of Late Thakur Mahto, five years ago. At the time of marriage watch, cycle, utensils and Rs. 21,000/- cash was given. It is alleged that later on informant's son-in-law and his mother (samdhin of informant) started demanding Rs. 25,000/- as dowry, as they have to solemnize the marriage of the youngest daughter of the samdhin. They have asked the informant to pay Rs. 25,000/- at the time of marriage of her daughter. The informant has no money and as such, he could not pay the same, for which the daughter of the informant was assaulted and tortured. It is stated that on 18.10.2000 at around 11.00 A.M. Shankar Mahto came to the house of the informant on motorcycle and informed him that his daughter has died because of drowning in a well. The informant along with co-villagers Nirpat Mahto, Ram Prasad Mahto, Raj Kumar Mahto, Chintaman Mahto and others went to village Khudisyar and saw the dead body of his daughter in front of the house of Jeetan Mahto beside the well on a cot. The informant has claimed that his daughter Nageshwari Devi has been killed by Jeetan Mahto (husband), mother-in-law and sister-in-law of the deceased for demand of dowry and the dead body has been thrown inside the well. The written report has been written in the hand-writing of Laxmi Narayan Prasad.

(3.) On the basis of written report, police has registered Dumri P.S. Case No. 63 of 2000 dated 08.10.2000, under Sections 304 (B)/ 498 (A)/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act against Jeetan Mahto (husband of the deceased), Most. Purni, mother-in-law of the deceased and sister-in-law of the deceased.