CHANCHALA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the four appellants were put on trial to face charge under Sections 304B/34, 302/34 and 498A of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act for committing murder of one Sombari Mahatain. The trial court while acquitting all the appellants for offence under Section 302/34 of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act did find all the appellants guilty for the offence under Sections 304B and 498A of the Indian Penal Code. Accordingly, the appellant Haru Mahato was sentenced to undergo rigorous imprisonment lor ten years for an offence under Section 304B of the Indian Penal Code whereas all other appellants were sentenced to undergo rigorous imprisonment for seven years. However, no separate sentence was passed under Section 498A of the Indian Penal Code.

(2.) THE case of the prosecution is that Sombari Mahatain, daughter of the informant Jyoti Mahato (P. W. 3) was married to the appellant Haru Mahato two years before the date of occurrence. At the time of marriage, Rs. 48,000/ - in cash as well as clothes and utensils etc. were given to them. For two months, Sombari Mahatain lived quite happily in her in -law's place but thereafter all the appellants started taunting her by saying 'Kali -Kali' as she was of dark complexion. The accused persons then started asking her to bring Rs. 30,000/ -, otherwise she would be deserted and her husband would be taking another marriage. Haru Mahato used to come to her in - law's place oftenly for taking money and the informant Jyoti Mahato sometimes gave Rs. 1,500/ - and sometimes Rs. 2,000/ -. In spite of that, Haru Mahato the other day came to his in - law's place and asked for Rs. 30,000/ - for doing business but when the informant refused to oblige him, he went away alongwith his wife by giving threat that they will have to face dire consequence.

(3.) ACCORDING to Dr., death was caused on account of head injury caused by hard and blunt substance. Post mortem report was proved as Ext. -5.