DINESH SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant against the judgment of conviction dated 17.7.2017 and order of sentence dated 27.7.2017 passed by the Additional Sessions Judge-II, Hazaribagh, in S.T. No. 461 of 2007, whereby and whereunder, the Court below has convicted the sole appellant for the offence punishable under Sections 498-A and 307/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act and sentenced him to undergo SI for one year with fine for the offence under Sec. 498-A of the Indian Penal Code, SI for four years with fine for the offence under Sec. 307 of the Indian Penal Code and sentenced him to undergo SI for one year with fine for the offence under Sec. 4 of the Dowry of Prohibition Act. All the sentences were directed to run concurrently.

(3.) The case of the prosecution, in brief, is that the informant victim married to the appellant six years prior to the date of occurrence. The appellant and his relatives used to demand cash of Rs. 50,000.00, one colour T.V., one almirah from the informant after marriage, which the parents of the victim-informant were unable to fulfil. It is further alleged that on 5.2007 at about 6:30 p.m. when the victim was in the kitchen, on the instruction of her father-in-law, her elder brother-in-law (Mukesh Sao), elder Gotni-Babita Devi, niece-Sima Kumari and her husband (the appellant), with an intention to kill her (the informant), poured kerosene oil upon her and set her on fire upon which she raised alarm. Thereafter, the nearby neighbours came there. The informant victim sustained bum injury and was admitted to Hazaribagh Hospital where the police recorded her fardbeyan and on the basis of the same, Katkamsandi (Pelawal OP) P.S. Case No. 119 of 2007 was registered for the offences punishable under Sections 341, 342, 504 and 498-A of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act and the police took up investigation of the case.