TEKLAL DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 17.3.2008 passed by Shri Ram Dhari Yadav, Additional Sessions Judge, Fast Track Court No.9, Giridih in Sessions Trial No. 380 of 2006 by which the learned trial court found the appellant, Teklal Das guilty u/s 304 B/34 of the Indian Penal Code and sentenced him to undergo R.I. for 7 years.

(2.) The prosecution case was started on the basis of the F.I.R. given by P.W.4, Nakul Das stating therein that his sister Mina Devi was married with the accused Teklal Das and there used to fight between the husband and wife for some family disputes for which a panchayati was held and from the panchayat, Mina Devi was taken to her sasural by the accused Teklal Das. He also stated that in the Holi , the accused Teklal Das came to his house and asked for Rs.10,000/-. Since he had no money, he could not give any money to the accused Teklal Das and subsequently on 11.4.2006 he got information that his sister is dead. On the basis of the said fardbeyan police registered a case u/s 304 B of the I.P.C. against the accused Chando Das, Gouri Devi and Teklal Das, the appellant in this case. After investigation police submitted charge sheet u/s 304B/34 of the I.P.C. Learned C.J.M. after taking cognizance committed the case to the court of Sessions since the case was exclusively triable by the Court of Session.

(3.) It appears that in course of trial, the prosecution has examined as many as eleven witnesses. P.W.1, Rohini Devi is the mother of the deceased. P.W.2 is Hiraman Das, uncle of the deceased. P.W.3 is Bhola Das who is the cousin brother of the deceased. P.W.4, Nakul Das is the informant and brother of the deceased. P.W.5 is Dhapran Das. P.W.6 is Dhokal Kolh. P.W.7 is Dinesh Ravidas. P.W.8 Mina Devi is another witness having same name as the deceased.P.W.9 is Guria Devi who has turned hostile in the court. P.W.10 is Doctor Kamleshwar Prasad who has proved the Post Mortem report of the deceased and P.W.11 is Surendra Prasad Singh, the Investigating Officer of the case.