LAKSHMAN URAON, Vishnudeo Narayan, JJ. - (1.) APPELLANT Paresh Mandal has preferred this appeal being aggrieved by and dissatisfied with the judgment and order of conviction and sentence dated 7th February, 2001 and 22nd February, 2001 respectively, passed by the learned 5th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 162 of 1999, whereby and whereunder, he was convicted under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for twelve years whereas other co - accused persons are acquitted for the charge under Section 306 of the Indian Penal Code.
(2.) THE prosecution case, in brief, is that the informant Manindra Nath Mandal (PW 1) in his fardbayan (Ext. 8), recorded by the Sri Pradeep Kumar, SI, Sindri (Goshala) Police Station, District Dhanbad, on 6.7.1998 at 15.30 hours at Mandal Tola, Kandra, has stated that his daughter Sumitra Mandal aged about 27 years was married with the appellant in the year, 1993. After marriage, appellant used to torture Sumitra Mandal for demand of Hero Honda Motorcycle. He used to assault her after taking liquor. His daughter used to be send letters to her parents house. He had also threatened to solemnize second marriage, in case of non -fulfillment of the demand. Sumitra Mandal had got a son named Rahul Mandal, aged about 2 -1/2 years. Informant had assured to provide the motorcycle when he would become able to supply the same. Sumitra Mandal used to narrate regarding the assault on her due to non -fulfillment of the demand of motorcycle. On 6.7.1998 at about 12 noon Ashwani Kumar Mandal (PW 4) of village Kalu Bathan, who used to reside near Mandal Tola, Kandra, informed him that his daughter has died due to hanging. The informant went to the house of the father -in -law of Sumitra Mandal and saw nylon rope tied around her neck and she was found dead. A portion of nylon rope was hanging with the hook fixed on the roof. He felt that his daughter was either murdered by the accused persons or her daughter had herself committed suicide due to the torture made for demand of dowry. He alleged commission of the offence against appellant Paresh Mandal, his parents Bodi Mandal and Ramni Devi, besides his brother Naresh Mandal. The learned 5th Additional Sessions Judge, Dhanbad, framed charges under Sections 304B and 306 of the Indian Penal Code against Paresh Mandal (appellant), Bodi Mandal, Naresh Mandal and Ramni Devi. The prosecution examined altogether 10 witnesses whereas the defence has examined five witnesses in the present case. PW 1 Manindra Nath Mandal is the informant and father of the deceased Sumitra Mandal. PW 2 Kinkar Mandal and PW 5 Sudhakar Mandal are the sons of the informant. PW 6 Kalawati Mandal is the wife of the informant. PW 3 Bidhan Chandra Mandal is the nephew of the informant and PW 4 Ashwani Kumar Mandal is the witness who informed the informant about the death of Sumitra Mandal. PW 7 is Dr. Bibhuti Bhushan, who has formally proved the Medical Certificate (Ext. 4). PW 8 is Hansa Mandal, who does not know how Sumitra Mandal died and hence he has been declared hostile by the prosecution. PW 9 Dr. Shailendra Kumar has conducted the post - mortem examination on the dead body of Sumitra Mandal and PW 10 Kailash Mandal is a witness on the inquest report. The defence has examined DW 1 Haradhan Mandal, DW 2 Dayal Chandra Mandal, DW 3 Bidhan Mandal, DW 4 Amrit Mandal and DW 5 Prabhash Mandal, who have deposed that there was good relationship in between this appellant and his wife Sumitra Mandal (deceased). The appellant is in service and gets a handsome salary and, as such, no question of demand of any dowry arises.
(3.) LEARNED 5th Additional Sessions Judge considered the evidence, oral and documentary adduced by both the parties and convicted the sole appellant under Section 304B of the Indian Penal Code. However, he has acquitted the other three accused for the charges framed against them under Sections 304B and 306 of the Indian Penal Code. He also acquitted the appellant for the charge leveled against him under Section 306 of the Indian Penal Code.;