MIHIR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by Judgment of conviction dated 06.12005 and Order of sentence dated 07.12005, passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Bokaro, in S.T. No. 75 of 2004 whereby and where under the appellant has been held guilty for the offence punishable under section 304(B) of the Indian Penal Code. Upon hearing on the point of sentence, he has been sentenced to undergo R.I. for 07 (seven) years.

(3.) The case of the prosecution in brief as mentioned in the written report submitted by the informant -P.W. 5 - Sudhir Chandra Mochi is that the deceased Kamla Devi married the appellant on 12.01999 as per Hindu rites and customs. On the date of the marriage itself there was disturbance regarding demand of dowry but with the intervention of the villagers and well wishers after pacifying, the marriage was solemnized but the in-laws of the deceased used to create trouble in connection of demand of dowry. Some months before the before her death, the deceased was harassed in connection of demand of one Honda motorcycle and a gold chain. The deceased used to tell the same to her family members. On 01.08.2003 between 7:00 to 7:30 A.M. the informant was informed by the Nandosi (husband of sister of the appellant) that the deceased is serious and the said Nandosi told the informant to go to the matrimonial house of the deceased. P.W.5 accompanied by his wife, the P.W.4 and P.W.3 went to the matrimonial house of the deceased and found the charred dead body of the deceased in the verandah of her house. On the basis of the written report submitted by the informant, police registered Chas (M) P.S. Case No. 60/2003 and took up investigation of the case and after completion of the investigation police submitted final form under section 304 (B) of the Indian Penal Code.