GAJANAND RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae, Mrs. Priya Shrestha and learned counsel for the State, Mr. Asif Khan, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both dtd. 23/2/2004, passed by learned IIIrd Additional Sessions Judge, Dumka, in Sessions Case No.136 of 2002, whereby the appellant along with his father, Baleshwar Rai has been convicted for the offence committed and punishable under Ss. 307/34, 498A/34 and 341/34 of the Indian Penal Code and awarded rigorous imprisonment for seven years with a fine of Rs.1,000.00 each and in case of default in payment of fine, further simple imprisonment for two months for the offence committed and punishable under Sec. 307/34 of the Indian Penal Code. The learned trial court has further awarded rigorous imprisonment for three years with a fine of Rs.1000.00 each in case of default in payment of fine, further simple imprisonment for two months for the offence committed and punishable under Sec. 498A/34 of the Indian Penal Code and simple imprisonment for one month each for the offence committed and punishable under Sec. 341/34 of the Indian Penal Code and all the sentences are directed to run concurrently.

(3.) The prosecution case is based upon fardbeyan of informant, Sushila Devi, P.W.-4 recorded by S.I., Ram Shobhit Mochi, officer-in-charge, Hansdiha, police station on 11/2/2002 at about 14:00 hours near the house of appellant, Gajanand Rai, village Goithabaran, wherein the informant has alleged that her marriage was solemnized with the appellant 7-8 years ago and initially she lived at her sasural in a peaceful condition. Subsequently, husband (Gajanand Rai) and father-in-law (Baleshwar Rai) started demanding dowry and for that she was tortured. The informant has further alleged that from wedlock, she has been blessed with a son but even after birth of son, the attitude of the husband and father-in-law have not changed. The informant has further alleged that her husband has illicit relation with one co-village girl, which was opposed by her and thus she was assaulted by the husband. The informant has further alleged that on last Tuesday, the informant went to her paternal house with her son but on the way, her husband brought her back and on that day her husband and father-in-law said that she will be killed. The informant has further stated that on last Thursday i.e. on 7/2/2002 at around 06:00 P.M., her husband and father-in-law Baleshwar Rai took her inside the room and poured kerosene oil on her body and set her ablaze. The informant raised brawl, then her mother-in-law and some other persons came and tried to rescue her by removing the cloths, but by that time the informant has sustained serious injury on her both leg, both hand, chest, back and other parts of the body. The informant remained in pain but her husband and father-inlaw have not taken her for treatment. The parents of the informant got information about the same and they came to sasural of the informant to see the informant, but her parents were abused by the accused persons. The informant has further stated that police officer came from the police station and then her statement was recorded.