ASHRAF ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Rajesh Lala assisted by Mr. Arpit Kumar, learned counsels for the appellant and learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 06th February, 2004 and order of sentence, dated 07th February, 2004, passed by the learned Additional Sessions Judge-XI, Dhanbad in Sessions Trial No.91 of 2002, whereby the sole appellant, Ashraf Ali, who has been charged under Sections 304B I.P.C. and 3 / 4 of the Dowry Prohibition Act, has been convicted for the offence committed and punishable under Section 306 of the Indian Penal Code, as the charge under Section 304B I.P.C. has not been proved by the prosecution and awarded to undergo rigorous imprisonment for five years and a fine of Rs.500/- and in case of default in payment of fine, to further undergo simple imprisonment for two months for the offence committed and punishable under Section 306 of the Indian Penal Code.

(3.) The prosecution case, is based upon, the fardbeyan of the informant, Juli Kumari (P.W.3) recorded by V. B. Singh, Sub Inspector of Police, Kenduadih Police Station, Dhanbad, on 06.11.2001 (Tuesday) at 7.30 P.M. The informant has alleged that she got an information from one boy that her sister has committed suicide by hanging. Thereafter the informant hurriedly came to the house of her sister and saw that dead body of her sister lying and several ladies were present, but she could not identify any of them. It is further stated that Ashraf, brother-in-law present there has not disclosed the reason of death. The informant has alleged that brother-in-law (Ashraf) used to quarrel with her sister. They have returned from Pune on 05.11.2001 and since then they were quarreling in which the mother-in-law and father-in-law of her sister were also instigating. It is further alleged in the First Information Report that as the victim has gone to the house of her mother which was incidental reason of the quarreling, but subsequently it is alleged that because of non-payment of dowry, the accused persons have tortured her. The informant has categorically stated that after killing her sister, the brother-in-law has hanged her sister.