HARI SHANKAR PRASAD, J. - (1.) THIS criminal appeal is directed against the judgment dated 19.12.1996 and order of sentence dated 20.12.1996 passed by Shri Wadhesh Kumar Ojha, 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 231/95, whereby and whereunder the learned Additional Sessions Judge held the appellants guilty under Sections 304 -B/498 -A, IPC and sentenced them to undergo R.I. for 7 years under Section 304 -B, IPC and 2 years R.I. under Section 498 -A, IPC and sentences were directed to run concurrently.
(2.) SESSIONS Trial No. 231/95 has arisen out of Baliapur PS Case No. 82/94 dated 5.4.1994 registered on the basis of fardbeyan of Sudhir Chandra Mahto. The prosecution case in brief is that Sudhir Chandra Mahto gave a fardbeyan on 7.9.1994 at 11.30 hours near old well situated towards east of the house of Jethu Mahto stating inter alia that on 6.9.1994 at about 2 p.m. Prahlad Mahto, elder brother -in -law of Barun Mahto met him in the Medical Shop situated near Saraidhela Steel gate and informed him that his sister is traceless from the morning of 5.9.1994 and he has come in search. The informant told him that his sister has not come to his house. The informant came to Kuwardih with Prahlad Mahto then at about 3.30 p.m. he saw Jethu Mahto, father of Barun Kumar Mahto was sleeping on a cot and on enquiry from him he learnt that his brother - in -law has gone to Sindri in connection with work and about his sister he learnt that she is traceless from Monday morning, although there was no quarrel. The informant went to the house of his mausi but could not get any clue. He again went to his sisters sasural at 7 p.m. and enquired but his brother -in -law did not come out from the house, although he was in the house nor he talked to him. Then he returned to his house. He gave information in his house and again, with Basudeo Mahto and Sudhir Mahto came to Guli More. In the morning he sent to Kuwardih and started searching for his sister then at about 8 a.m. he learnt that dead -body of his sister is lying in the well. He went there and saw that the dead -body of his sister was lying in the well and bad smell is coming. Several co -villagers have assembled there but none of the sasural people of his sister was there. He went to his house and informed the matter. He came back with a number of persons. The marriage of his sister was solemnized in the year 1990 according to Hindu rites and besides a sum of Rs. 4000/ - several articles were given in the dowry. On the occasion of marriage itself a demand of a watch and a sum of Rs. 5000/ - was placed and on that very occasion sasural people of his sister had created trouble. When informant went for bidai of his sister, at that time also he was assaulted by sasural people of his sister. In 1993, when his sister came to naihar her sasural people never came for bidai of his sister and threatened to divorce her and marry with another girl. On the pressure of mediator Shankar Mahto the sasural people took bidai of his sister and since then his sister was neither provided with any clothes nor any facility was given to her and she was always tortured. He suspected the hands of his brother -in - law, his father Jethu Mahto and his elder brother Prahlad Mahto in the commission of murder of his sister for the sake of dowry. On the basis of his fardbeyan Baliapur PS Case No. 82/94 was registered under Sections 498A/304B/34, IPC. The police after investigation submitted charge -sheet against the appellants and they were put on trial.
(3.) THE learned trial Court framed charges against the appellants and after recording the evidences of witnesses both oral and documentary, came to a finding that the appellants are guilty and convicted them and sentenced them as aforesaid.;