VISHNUDEO NARAYAN, J. - (1.) THIS appeal is directed by the sole appellant named above against the judgment and order dated 18.1.1996 passed by Sri Ram Nath Ram Mahto, 4th Addl. Sessions Judge, Dhanbad in Sessions Trial No. 78 of 1995 whereby the appellant was found guilty for the offence punishable under Section 498A, I.P.C. and convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,500/ - and in default to undergo R.I. for six months. However, the appellant was not found guilty for the offence under Sections 302, 328,1.P.C and under Sections 3 and 4 of Dowry Prohibition Act.
(2.) THE prosecution case has arisen on the basis of the fardbeyan of P.W. 8, the informant, Shyamlal Mahto recorded by ASI Md. Aftab Khan of Baghmara P.S. on 12.6.1994 at 16.45 hours in the Central Hospital, Baghmara, District Dhanbad regarding the occurrence which is said to have taken place on 12.6.1.994 at village Khonathi, P.S. Baghmara, District Dhanbad. The prosecution case in brief is that the informant got an information at about 16.00 hours on 12.6.1994 from one Teju Mahto that his daughter Bhukhali Devi has died of poisoning in Baghmara Hospital and the informant in the company of his brother Sukoo Mahto came to Central Hospital, Baghmara where he found his daughter dead and where he learnt on enquiry that his son -in -law appellant Lalmani Mahato had fled away from the hospital leaving the dead body of his wife Bhukhali Devi aforesaid. It is alleged that the marriage of Bhukhali Devi deceased was solemnised with appellant about 10 years ago and since then the appellant was treating the deceased Bhukhali Devi with cruelty by various means for the fulfilment of the demand of dowry and the deceased aforesaid had earlier filed a case in respect thereof against the appellant in the year 1990 which was later on compromised and the deceased started leading conjugal life with appellant in his house. It is alleged that even thereafter the appellant used to treat the deceased with cruelty by various means and also used to assault her and the deceased used to come to her parents house. It is alleged that the deceased had two sons and a daughter born of the appellant. The prosecution case further is that the appellant always used to demand money from the informant who was unable to fulfil the demand and the appellant always used to subject the deceased with cruelty. It is alleged that the appellant has administered poison on 12.6.1994 to the deceased as a result of which she has died. Thereafter the appellant brought the deceased to the Central Hospital, Baghmara and fled away from there.
(3.) THE appellant has pleaded not guilty to the charges levelled against him and claimed himself to be innocent and has committed no offence and that he has been falsely implicated in this case. It is alleged that the deceased along with one Mangali had taken some poisonous substance for effecting abortion as a result of which the deceased has died whereas Mangali Devi could be saved and has survived.;