SUBHASH PAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. B. M. Tripathy, learned counsel for the petitioner and Mr. Mukesh Kumar, learned A.P.P. for the State.

(2.) This application is directed against the judgment dtd. 6/8/2002 passed in S.T. No. 111 of 2001 by the learned Additional Sessions Judge, Seraikalla whereby and whereunder the appellant has been convicted for the offence under Sec. 304 B of I.P.C. and has been sentenced to undergo rigorous imprisonment for life.

(3.) The FIR was instituted by one Braj Kishore Choudhary, Assistant Sub-Inspector of Police in which it was stated that while investigating the U.D. Case No. 4 of 2000, the father and uncle of the deceased had appeared in the police station and complained about the demand of Godrej Almirah by the accused. It has been alleged that the marriage of the deceased was solemnized 3 months back and she had written a letter to her maternal uncle in which there was a mention of demand of dowry. The postmortem report reveals 85% of burn injury and the cause of death was shown as shock and haemorrhage. It has been stated that the accused was present at the time of the accident. Further allegation has been levelled that the deceased was done to death for non-fulfillment of demand of dowry. Based on the aforesaid allegations, Rajnagar P. S. Case No. 38 of 2000 was instituted for the offences under Sec. 304 B of the I.P.C. Investigation culminated in submission of charge-sheet and after cognizance was taken, the case was committed to the court of Sessions where charge was framed under Sec. 304(B) of the I.P.C. to which the appellant pleaded not guilty and claimed to be tried.