LAKHAN VISHWAKARMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 3.9.2002, passed by the learned Additional Sessions Judge, F.T.C. No.-IV, Dhanbad, in Sessions Trial No. 202 of 2000, whereby the appellant has been found guilty and convicted for the offences under Sections 304-B and 498-A of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years for the offence under Section 304-B of the Indian Penal Code. However, no sentence has been passed against the petitioner for the offence under Section 498-A of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Krishna Lal, who is the father of the deceased, which was recorded on 14.2.2000 at Central Hospital, Jagjivan Nagar, in the District of Dhanbad. It is stated in the fardbeyan that the daughter of the informant was married to the appellant on 21.5.1997 according to the Hindu rites. There is allegation against the appellant and his family members to have subjected the deceased to cruelty and torture for demand of dowry, even though the informant used to give some articles at times as per the desire of the husband and in-laws, and even the demand of money by them used to be fulfilled at times as per the capacity of the informant, but the atrocities on the deceased never stopped. It is stated in the FIR that at one point of time, while both the wife and husband were going on a motorcycle, with the intention to kill his wife, the appellant caused his wife to fall down from his motorcycle, in which she was injured. Subsequently, in the night between 13/14.2.2000, the appellant informed the informant on phone that his daughter had received some burn injuries and asked the informant to send his son Pradeep. Upon getting the information, the informant along with his wife, son, other family members and neighbouring persons went to Alakhdiha at the house of the appellant, where they were informed that the appellant and his family members had burnt the deceased. Thereafter the informant came to Central Hospital and found the dead body of his daughter in the burnt condition. With these allegations, the FIR was lodged, on the basis of which Jharia (Tisra) P.S. Case No. 64 of 2000 corresponding to G.R. No.477 of 2000, was instituted for the offences under Sections 498-A, 304-B / 34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the chargesheet against the accused persons and ultimately, after taking cognizance, the case was committed to the Court of Session and the accused persons were put to trial, in which the appellant was convicted for the offences as aforesaid, but the other co-accused persons were acquitted of the charge by the Trial Court below.