LAL MUNI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 29/08/2002 passed by learned 1 st Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 563 of 1995 whereby the appellant has been convicted under section 304(B)/34 of the Indian Penal Code and sentenced to undergo R.I. for 7 years.

(2.) The prosecution case in brief as per the fardbeyan of the informant Sheela Devi (deceased) w/o Harish Kumar, R/o Shesnagar, Govindpur PS, Dist East Singhbhum, given on 14.04.1995 at 11.30 hrs in the burn unit 2B is that in the last night i.e. on 13/04/1995 at about 9. p.m. her mother-in-law quarreled with her and threatened her to be beaten by her son after his returning and she will be set ablaze. At about 10.30 p.m. her husband Harish who was a convoy driver returned to house. Her motherin-law told her husband that his wife used to quarrel with her and also did not give proper food to her. After hearing this, her husband became enraged and assaulted her brutally by fists and slaps, dragged her in to the kitchen room where he doused kerosene on her and set her ablaze by lighting match-stick. Informant further said that she was married two years ago and that at the time of marriage the demanded dowry was fulfilled even then she was subjected to cruelty for further demand of dowry. She was not loved by her husband and he did not make physical contact with her so she could not give birth to any child. Her husband had illicit relations with two girls namely Manju and Usha who were his neighbours. Regarding this she had some letters which was kept in her dressing table. When she asked her husband about illicit relation he threatened to kill her. He always tried to get rid of her. Her husband, mother-in-law Lalmuni Devi and his brother -in-law Satish Kumar always subjected her to cruelty for demand of dowry. Therefore, this occurrence took place. She claimed that her mother-in-law, brother-in-law and her husband assaulted her brutally and ultimately dousing kerosene oil, set her ablaze. On hulla, the neighbours came then her husband, mother-in-law brought her in serious condition in Telco Hospital on tempo and considering her serious condition she was referred to Tata Main Hospital burn ward in 2B where she was getting treatment.

(3.) Deceased Sheela Devi's fardbeyan was recorded in presence of Dr. R. Bharat, Sr. Specialist, Burning and Plastic Surgery, Tata Main Hospital. On the basis of the fardbeyan of the deceased informant Telco P.S. Case No. 64/95 was registered under section 498A/341/323/307/34 of IPC and 3 /4 of Dowry Prohibition Act against the accused Harish Kumar, Lalmuni Devi and Satish Kumar. The informant died on 15.4.1995 during treatment and thereafter Section 304B of the IPC was added. After investigation charge sheet was submitted against the accused persons and accordingly cognizance was taken. The case was committed to the Court of Sessions. The charge was framed against the accused Harish Kumar and Lalmuni Devi under section 304B/34 of the IPC. During trial the accused Harish Kumar died and the proceeding against him was dropped. Hence the trial of the sole accused Lalmuni Devi proceeded.