JUGAL KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the appellants, named above, on being put to trial, for the charges of subjecting the deceased -Kiran Devi @ Pinki to torture on account of non -fulfillment of demand of dowry and also for causing dowry death to her, were convicted for offences under Sections 498A/34, 324 and 304 B of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act. Consequently, all the appellants were sentenced to undergo R.I. for three years each for offences under Sections 498A and 324 of the Indian Penal Code and further the appellant -Jugal Kishore Singh, Smt. Sandhya Devi and Binay Kumar Singh, were sentenced to undergo R.I. for life for offence under Section 304B of the Indian Penal Code, whereas other three appellants were sentenced to undergo R.I. for ten years for offence under Section 304B of the Indian Penal Code. All the sentences were ordered to be run concurrently, whereas no separate sentence was passed under Section 3/4 of the Dowry Prohibition Act.

(2.) THE case of the prosecution is that one Kiran Devi @ Pinki daughter of Sukhdeo Singh (P.W.8), was married to the appellant No.3 - Binay Kumar Singh son of Jugal Kishore Singh, in the year 1998. After the marriage, she stayed for few a days at her in -law's place and then came back to her parent's house until 5th March, 2001, when she, after her Gauna (second marriage), came to her in -law's place, where her father -in -law, mother -in -law, brother -in -law (Devar) and sister -in -law (Nanad), put forth the demand of Rs.25,000/ - so that the appellants may bear the expenses of the marriage of her sister -in -law (Nanad). At the same time, the husband of deceased -Kiran Devi, always held out threat of taking another marriage. Further case is that on 08.07.2001 at about 1.00 p.m. while she was taking rest on her cot in the bedroom, accused persons put her on fire, by sprinkling kerosene oil. When she raised alarm, the person living in the neighbourhood came over there, but by that time, she was severely burnt. However, her husband and the person living in the neighbourhood, removed her to Bokaro General Hospital, where she was attended by Dr. Dhananjay Rajak (D.W.3) to whom the deceased -Kiran Devi informed that she accidentally caught fire at about 11.30 a.m. while she was cooking food and this was reduced in writing over the history sheet (Ext.A). Thereafter, O.D. slip was sent to Bokaro Steel City Police Station. Probably on getting O.D. slip, A.S.I, Bokaro Steel City Police Station, Shyamal Chatterjee (P.W.11), came to the said hospital and recorded the fardbeyan (Ext.1) at about 4.15 p.m. on 08.07.2001. Upon which, a formal first information report (Ext.8) was drawn and the case was instituted against all the accused persons and the matter was taken up for investigation by P.W.11 himself. Meanwhile, Deputy Commissioner, Bokaro, on getting information of the aforesaid incidence, deputed Smt. Mukta Sahay (P.W.3), Executive Magistrate -cum -Special Land Acquisition Officer, Bokaro for inquiry. Accordingly, the said Officer came to burn unit of the hospital, where Kiran Devi was receiving the treatment under Dr. Anurag Krishna Sahay (P.W.6), who allowed the said Officer to record the statement. Thereafter, P.W.3, recorded the statement (Ext.3) of Kiran Devi, at about 5.30 p.m., on 10.07.2001, which was reduced in writing in presence of P.W.7, a Nurse working in the said hospital, wherein she reiterated that all the accused persons burnt her, by sprinkling kerosene oil and by tying her hands and feet with the cot. In the meantime, the I.O., Shyamal Chatterjee (P.W.11) inspected the place of occurrence from where half burnt Saree was seized from the bedroom under the seizure list (Ext. -5). On 13.07.2001, another I.O. Bishwanath Prasad (P.W.10), took over the investigation of the case and on the very next date i.e. on 14.07.2001, Kiran Devi died. On getting information about her death, the second I.O. (P.W.10), came to the hospital and held inquest on the dead body and prepared inquest report (Ext.7) and the dead body was sent for postmortem examination, which was conducted by Dr. Ratneshwar Pd. Varma (P.W.4) on 14.07.2001 itself whereby he found burn injury covering about 80% of the body surface. According to him, the cause of death is Cardio respiratory failure due to septicemia shock and extensive burn injury. The postmortem report has been proved as Ext.4. Subsequently, another I.O. Rijhan Paswan (P.W.9), took over the said investigation and submitted charge sheet, where upon cognizance of the offences was taken.

(3.) THE trial court, having found the statements made by the deceased under Exts. -1 and 3 to be true and also finding P.W.2 and P.W.7 to be the trustworthy witnesses, recorded the order of conviction and sentence.