JAGESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant was put on trial along with other accused persons to face charges under Sections 304(B)/34 and 201/34 of the Indian Penal Code on the allegation that they committed dowry death of Gendiya Devi, wife of the appellant. The trial court while acquitting other four accused persons did find the appellant guilty for the offences under Sections 304(B) and 201 of the Indian Penal Code and accordingly, sentenced him to undergo imprisonment for life for the offence under Section 304(B) of the Indian Penal Code and further to undergo rigorous imprisonment for three years under Section 201 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that the deceased Gendiya Devi, who had been married to the appellant 7 years before her death was being tortured by her husband and other members of the in-law's family after the marriage on account of non-fulfillment of the demand of dowry. On 4.9.1999 the appellant came to his inlaw's place at village Tilir and asked for Rs. 10,000/- as dowry and when it was not given, he by holding out threat of dire consequence went away. Thereupon, on 15.9.1999 some of the villagers of the appellant's village came to the village Tilir and informed to the Uncle of the deceased, Om Prakash Mahto (P.W.3) and other family members that the deceased as well as her husband (appellant) have been missing since last evening. Upon it, the informant (P.W.3) and other family members came to village of the appellant on 16.9.1999 and asked from the family members of the appellant about the whereabouts of the deceased, upon which they disclosed that both of them had gone towards forest but they have not returned back. But on enquiry from the villagers, it came to know that the appellant was very much present in his house in the previous night which made them suspicious and, therefore, they started searching the deceased. In course of such search, they did find headless body of the deceased. Thereupon, Uncle of the deceased, Om Prakash Mahto (P.W.3) came to Pelawel out post and gave his fardbeyan before the police, upon which a case was registered. Thereupon, police came to the place of occurrence and held inquest on the headless dead body of the deceased on the same day, i.e, 16.9.1999 and prepared an inquest report (Ext.2). Thereafter dead body was sent for post mortem examination which was conducted by Dr. Rajesh Kumar Gupta (P.W.8) who found the following injuries on the person of the deceased.

(3.) Accordingly, Doctor issued post mortem examination report (Ext.3) with an opinion that death was caused by shock and haemorrhage due to injury No. 1 caused by sharp cutting weapon. After completion of investigation, police submitted charge sheet, upon which cognizance of the offence was taken and in due course when the case was committed to the court of sessions, charges were framed against the appellant to which the accused pleaded not guilty and claimed to be tried.