ARUN CHOUDHURY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court, This appeal is directed against the judgment dated 7.9.2002and order of conviction dated 9.9.2002 passed by Sri surendra Nath Pandkey, 1st Additional Sessions judge, Jamtara in Sessions Case No.178/ 2000/sessions Case No.258/2001 whereby the learned Sessions Judge has found the appellant, Rash Bihari Pal husband of the deceased, Rita Pal guilty under Sec.304b of the Indian Penal Code and sentenced him to undergo R. I. for 8 years, while by the said judgment he acquitted the other accused persons, namely, Triveni Pal, Paruli Dasi, Dasu pal and Sadhan Pal. It is submitted by the learned counsel for the appellant that there is no direct evidence against the appellant that he used to torture the victim girl and as such the conviction of the appellant under Sec.304b of the Indian Penal Code is bad in law and he should have been given benefit of doubt along with other accused persons whose cases were similar to that of other accused persons and as such the appellant should be given benefit of doubt and acquitted from the charges. On the other hand, learned counsel for the State has opposed the prayer and submitted that there is sufficient evidence to prove that the victim girl used to be tortured for non -fulfillment of the dowry and after putting the victim on fire the husband and his family members fled away from the house and the trial court rightly convicted the appellant, who is the prime accused since he demanded dowry.

(2.) AFTER hearing both the parties and going through the record, I find that the prosecution was started on the basis of the fardbeyan -2 -given by P. W.6, Anil Kumar Chandra father of the victim girl stating therein that his daughter, rita Pal aged about 20 years was married with the appellant, Rash Bihari Pal son of Tribeni pal about three years ago and he had given rs.45,000/ - in marriage along with gold ornaments and utensils. After marriage his daughter was living in her sasural. In the beginning they kept her properly, but after sometime the boy started demanding money and T. V. He stated that he had given dowry as per his capacity, but in spite of that they used to torture and used to ask her to give more money and T. V. Thin formant went to her sasural and asked them not to torture his daughter. It is further alleged that on 10.9.99 at about 12 P. M. in the afternoon, nemai Paul and Uttam came to his house and informed him that his daughter is seriously ill.

(3.) THE informant (P. W.6) has stated in court that about after two and half years of the marriage of her daughter she has also told him that her husband and in -laws are demanding T. V. and money as dowry and they are torturing her for the same. Whereupon, he went to her sacral and asked them after selling his house he had given dowry in the marriage and also he cannot do anything to fulfill their demand and asked them not to torture his daughter. He further stated that on 10.9.99uttam and Nemai informed him his daughter is seriously ill. Then, he immediately went there and saw the dead body of his was lying on the ground and nobody was present in the house and he lodged a case. In para 6 he has stead that the girl, Rita Pal just one and half months before her death she was saying that shies being tortured for dowry. In para 8 he also stated that his son in law,rash Bihari Pal said that he wants money. The other witness, namely, P. W.3, Rishi Kumar has also stated that after the marriage of Rita Pal went to her sasural and after six months her husband and in -laws started demanding money and t. V. and started torturing her. When he received information that Rita is ill.