RAJESH MAHTO 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 Judgment of conviction dated 13th April, 2007 and Order of sentence dated 16th April, 2007, passed by the learned 1st Additional Sessions Judge, Seraikella, in Sessions Trial No. 02 of 2006, whereby, the appellant has been found guilty and convicted for the offences under Section 304-B of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs.2000/- for the offence under Section 304-B of the Indian Penal Code. He is also sentenced to undergo R.I. for one year and fine of Rs.1000/- for each of the offences under Sections 3 & 4 of the Dowry Prohibition Act. All the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the written report submitted by Sudhir Mahato, the father of the deceased Santra Mahatain, before the Officer-Incharge of Chandil Police Station on 22.10.2005, stating therein that his daughter Santra Mahatain was married to the accused Rajesh Mahato in the month of July, 2005. It is alleged that when his daughter came back during the Durga Pooja, she complained that her husband used to complain about the very less dowry given at the time of marriage, and she was being subjected to cruelty and torture for the further demand of a cot and money. It is stated that after the Durga Pooja, the informant sent a cot to the in-laws' place of the deceased. On 21.10.2005 at about 08:00 P.M. in the night, he was informed that his daughter Santra Mahatain was done to death, whereupon, he went to the in-laws' place of his daughter, and found his daughter dead with blood oozing out from her nose. His son-in-law was also present there, but he did not give any reply as to how she had died. On the basis of the written report given by the informant, Chandil P.S. Case No.177 of 2005, corresponding to G.R. No.880 of 2005, was instituted for the offence under Section 304-B of the Indian Penal Code, against the sole accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.