Jaya Roy, J. - (1.) THE Appellant has filed this appeal against the judgment dated 15.1.2002 and the order sentence dated 16.01.2002 passed in S.T. No. 232 of 1999 by the Sessions Judge, Garhwa whereby he has convicted the Appellant under Section 304B I.P.C. and sentenced him to undergo R.I. for ten years for the said offence.
(2.) THE instant case was initiated on the basis of the written report of one Mithilesh Choubey (uncle of the deceased) lodged on 15.9.1998 at about 2.30 P.M. wherein he has stated that his niece, namely, Usha Devi, daughter of Hardeo Choudhary was married with Shaligram Dubey about four years ago and whenever his niece used to come to her Maike, used to complain that her brother -in -law (Bhaisur) namely Surendra Dubey and his wife (Gotni) namely Promila Devi used to torture and assault her for the dowry. On the eve of Rakchha Bandhan, Usha Devi had come to her Naihar and told that Surendra Dubey and Pramila Devi had threatened her to bring golden chain, Palang, T.V. and one set of utensils otherwise she would be burn to death and after four days Usha Devi returned to her in -laws place. The informant has further alleged that the financial position of his elder brother, namely Hardeo Choubey was not good, as such, he was not able to fulfill the demand of dowry. The informant had further told Usha Devi that he would come to pacify the matter but due to illness of his elder brother, he could not. On 15.9.1998, in the morning hour, a co -villager, namely, Mahesh Choudhury informed the informant that his niece has sustained burn injury and she died on the last Sunday. On this information, the informant went to Garhwa Hospital and came to learn from one Sandhya Devi and Ramanuj Dubey that Sandhya Devi has also sustained burn injury while she tried to save Usha Devi from burning. The condition of Sandhya Devi was also serious. It is further alleged in the said written report that Sandhya Devi told the informant that Usha Devi was burnt to death by Pramila Devi and her husband Surendra Dubey by sprinkling the Kerosene oil on her for the non fulfillment of their demand of dowry. As the elder brother of the informant was ill and Shanti Devi, wife of the elder brother, had gone to her Maike, the informant has lodged this written report at the Police Station. A formal F.I.R was drawn and a case was register against Pramila Devi and Surendra Dubey under Section 304B/34 of the I.P.C. After investigation, the police has submitted charge -sheet under Section 304B/34 I.P.C. against Surendra Dubey and Pramila Devi and also against the present Appellant namely Shaligram Dubey (the husband of the victim). After taking cognizance, the case was committed to the Court of Sessions. In order to prove its case the prosecution has examined ten witnesses but P.Ws.1,2,3,6,7 and 9 have been declared hostile by the prosecution.
(3.) P .W.1, Shyamacharan Dubey has stated in his evidence that the deceased, Usha Devi was married three years back with Shalik Dubey. One year back at about 12 -1 P.M., on hearing hulla, he went there and found her badly burnt and Kerosene oil was lying near the place of occurrence. He stated that he could not say as to who burnt her. He was cross -examined by the P.P. and he denied that he has stated before the police that Surendra Dubey, Shalik Dubey and Surendra's wife, Pramila Devi used to torture her for not bringing proper dowry and they put fire on her body.;