ASHISH CHAKRABORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 24.02.2004 and order of sentence dated 27.02.2004 passed by the learned Additional District and Sessions Judge, Fast Track Court-IX, East Singhbhum, Jamshedpur in Sessions Trial No. 214 of 2002, whereby the appellant has been convicted and sentenced under Section 498A of IPC to undergo rigorous imprisonment for 27 months and fine of Rs. 500/- and in default of payment of fine, to undergo further S.I of one month. The appellant has also been convicted and sentenced under Section 306 of IPC to undergo rigorous imprisonment for five years and fine of Rs. 500/- and in default of payment of fine, to undergo further S.I for one month. Both the sentences have been directed to run concurrently.

(2.) The prosecution story in brief, as stated in the fardbeyan of the informant (Ashok Kumar Chakraborty) recorded on 24.10.2001 at about 9.45 hours, is that the informant's daughter namely Monika Chakraborty @ Nupur (the deceased) was married to the appellant Ashish Chakraborty on 23.11.2000 and was residing in her matrimonial home at Persudih Bazar, P.S. Persudih, district- East Singhbhum. After two months of her marriage, her husband Ashish Chakraborty (appellant), mother-in-law Rewa Chakraborty and brother-in-law Ashim Chakraborty started demanding dowry and due to non-fulfillment of the same, they tortured and assaulted her. On 23.10.2001 at about 11.45 a.m., the brother of the informant received information on telephone that the deceased sustained burn injury and was taken to M.G.M Hospital. After reaching the hospital, the informant came to know that an incident of burning occurred in the morning at about 8.00 a.m. The deceased was admitted in the M.G.M. hospital but referred to T.M.H., BCU Ward at about 4.52 pm for better treatment. Subsequently, she died at about 6.00 pm in the said hospital. It has been alleged by the informant that his daughter was burnt to death by the accused persons for dowry.

(3.) On the basis of the fardbeyan, an FIR being Persudih P.S Case No. 164 of 2001 was instituted on 24.10.2001 under section 304B/34 of IPC against the present appellant, Ashim Chakraborty (the brother-in-law of the deceased) and Rewa Chakraborty (the mother-in-law of the deceased). After investigation, the chargesheet was submitted against the appellant and the other accused persons on 20.02.2002 u/s 304B/34 of IPC. After cognizance, the case was committed to the court of sessions for trial. Charge was framed against all the accused persons on 18.02.2003 under Sections 498A/306/304B of IPC. The statements of accused persons including the appellant were recorded under Section 313 of Cr.P.C. on 13.02.04 in which they denied the allegations levelled against them.