AJIT KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE first appellant is the husband, second appellant is the husband's younger brother (Dewar) and the third appellant is the motherin - law of the deceased -Savita Kumari. The said appellants were charged under section 304B/34 or alternatively under section 302/34 of the Indian Penal Code. Though it looks strange, these two alternative charges were framed against the appellants as appears from the record. Learned court below, however, found the said appellants guilty of the charge under section 302/34 I.P.C. and convicted them for the said charges and sentenced to undergo life imprisonment.

(2.) THE prosecution was launched on the written report of the informant -Bhuneshwar Sharma (P.W. 5), who happened to be the deceased's father. The prosecution case, as unfolded, is as follows: Deceased -Savita Kumari was married to the first appellant -Ajit Kumar Singh. Marriage was solemnized on 26.4.2001 according to the Hindu rites and customs. The matrimonial family was satisfied with the marriage. The couple had happy life for sometimes but, thereafter, the first appellant is said to have developed desire for a car in order to purchase a Maruti Car and he (husband) pressed his wife to demand Rs.one lakh from her parents. Since the demand could not be fulfilled, she was subjected to cruelty and harassment. It is alleged that on the fateful day, the informant came to know that his daughter -Savita Kumari was killed. He rushed to her matrimonial home and there he saw that his daughter was lying dead on the floor. He suspected that his daughter - Savita Kumari was killed by the appellants.

(3.) ON completion of investigation, the police submitted charge sheet under sections 498 -A and 304 - B I.P.C. On the basis thereof, cognizance was taken but the charge was not framed under section 498 -A I.P.C. Learned trial court framed charge under section 304 -B/34 I.P.C. or alternatively under section 302/34 I.P.C.