SURESH MONDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant Suresh Mondal has challenged the judgment of conviction and order of sentence dated 30.4.2003 and 1.5.2003 respectively passed by 2nd Additional Sessions Judge, FTC, Jamtara in Sessions Case No. 463 of 2001 /167 of 2002 whereby and whereunder he had been convicted for the offence under. Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- for the offence under Section 302 of the IPC and in default to undergo R.I. for a period of three months.

(2.) The case of prosecution in short, as per the fardbeyan of deceased Memi Devi, is that she was married with the appellant 8-10 years ago and out of their wedlock, a son and a daughter were born. It is further alleged that after the marriage of the brother of deceased, her husband started demanding money and a motorcycle from her parents. When the said demand was not fulfilled, he started torturing her. It is then alleged that on 24.6.2001 there was some quarrel between informant and appellant and in course of that appellant threatened to kill the informant. He dragged her in the courtyard and poured kerosene oil and ablazed her sari. The informant sustained severe burn injuries but somehow she informed her parents regarding the incident. Her mother and brother Sudhir Mondal came and thereafter they took her to Popular Nursing Home, Jamtara for treatment.

(3.) On the basis of aforesaid fardbeyan, Narayanpur PS. case No. 46 of 2001 dated 2.7.2001, under Sections 341, 324 and 307 of the IPC and 3/4 of Dowry Prohibition Act, was instituted and police took up investigation. In course of the investigation, the informant died. The police, after completion of investigation submitted charge-sheet against the appellant under Section 302, IPC and Sections 3/4 of the Dowry Prohibition Act. Accordingly cognizance of the said offences was taken and the case was committed to the Court of Sessions as the offence was exclusively triable by the Court of Sessions.