(1.) THIS appeal is directed against the judgment of conviction dated 08.10.2007 and order of sentence dated 10.10.2007 passed by Shri Satya Prakash, District and Sessions Judge, Giridih in Sessions Trial No. 428 of 2005, by which judgment, he found the accused guilty for the offence under Sections 304 (B)/34 and 498A/34 of the Indian Penal Code. He convicted the appellant for seven years rigorous imprisonment for the offence under Sections 304 (B)/34 of the Indian Penal Code and three years rigorous imprisonment for the offence under Sections 498A/34 of the Indian Penal Code, he directed both the sentences to run concurrently.
(2.) THE Prosecution case was started on the basis of a written report given by the informant Anil Tiwary (P.W.2) to the Superintendent of Police, Giridih on 08.05.2005 stating therein that he is a resident of Village -Dangradih, P.S. -Chatra, District -Chatra and his sister Arati Devi aged about 20 years was married with Sunil Tiwary, the accused, on 13.03.2004 at village Malda, P.S. -Gawan, District -Giridih. At the time of marriage cash of Rs. 31,000/ -along with gold ornaments and other articles were also given. He stated that at the time of marriage, his brother -in -laws and in -laws of his sister demanded a motorcycle which, due to his poverty, he could not give. Soon after the marriage, his sister went to sasural, but her in -laws used to torture her for not bringing motorcycle with her. In the falgun of 2005, when he reached the sasural of his sister, she came with him to his house and she stated that she is being tortured for dowry since they have failed to give motorcycle. She has also stated that if motorcycle is not given, she will be killed.
(3.) ON the basis of the said written report, the Superintendent of Police, Giridih written the matter at Gawan Police Station where a case for the offence under Sections 498A/34 of the Indian Penal Code read with Sections 304B/34 of the Indian Penal Code was registered and after investigation police submitted a charge sheet against the accused Sunil Tiwary and kept the investigation pending for the other accused persons.