GIRENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Anurag Kasyap, assisted by Ms. Srishti Paul, learned counsel appearing for the appellant and Mrs. Lily Sahay, learned Addl. Public Prosecutor appearing for the State.

(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 18.07.2003 and order of sentence dated 21.07.2003, passed in S.T. No.36 of 2002 by the learned Addl. Sessions Judge, Fast Track CourtIV, Palamau at Daltonganj, whereby the sole appellant, Girendra Kumar Singh has been convicted for the offence committed and punishable under Sections 304B, 498A and 201 I.P.C. and under Section 3/ 4 of the D. P. Act. The learned trial court has awarded rigorous imprisonment for seven years for the offence committed and punishable under Section 304B I.P.C., rigorous imprisonment for two years for the offence committed and punishable under Section 498A I.P.C., rigorous imprisonment for 2 years for the offence committed and punishable under Section 201 I.P.C. and rigorous imprisonment for one year for the offence committed and punishable under Section 4 of the Dowry Prohibition Act. All the sentences are directed to run concurrently and the period already undergone during the trial, shall be set off under Section 428 Cr. P.C.

(3.) The prosecution case is based upon written report submitted by the informant- Govind Singh before the Officer-in-charge, Panki Police Station on 20.05.2001, stating therein that he has solemnized the marriage of his daughter in the year 1999 with the appellant, Girendra Kumar Singh. After four months of the marriage, father-in-law and son-in-law demanded one Scooter and Rupees Forty Thousand in cash, and under compulsion, the informant paid Rs. 20,000/- cash and utensils worth Rs. 6,000/-. Thereafter his daughter while living in 'sasural' started imparting education under 'A.I.D. scheme' where she used to teach three hours per day and on 26th day every month, she used to come to Panki to receive salary. It is alleged that when she went to receive remuneration at Panki, she used to cry and disclose that the accused persons are torturing her for demand of dowry and scooter. She has alleged that her husband- Girendra Kumar Singh and father-in-law used to give threatening with dire consequences. Under such compulsion, the informant paid Rs. 10,000/- cash to his son-in-law (Girendra Kumar Singh). The informant has further stated that from the said amount of Rs. 10,000/-, Girendra Kumar Singh has constructed his house and for the rest of the amount and the scooter, the informant has given assurance that after selling his land, he will pay the amount. It is alleged that on 02.05.2001, he got an information of sudden death of his daughter. He went to see the dead-body at Village- Chandwara and got information that the accused persons have concealed and disposed of, the dead-body secretly. When the informant reached the house of Pyari Singh, he was given threatening with dire consequences, and when Girendra Babu chased the informant for assault, the informant somehow saved his life and fled-away. The informant has claimed that his daughter has been killed by the husband and the other relatives of the husband in a conspiracy and has prayed for taking legal action against them.