Lakshman Uraon, J. - (1.) THE appellants have preferred this appeal against the judgment and conviction dated 5.1.2000 passed by Shri Ghanshyam Prasad, learned Sessions Judge, Palamau, Daltonganj in Sessions Trial No. 454 of 1996 whereby and whereunder the appellants have been convicted under Sections 304B/201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 304B of the IPC and Rigorous Imprisonment for three years and pay a fine of Rs. 10,000/ - each for the offence punishable under Sections 201/34 of the IPC. In case of default to pay the fine, the convicts were directed to go simple imprisonment for six months each. The learned Sessions Judge directed both the sentences of each convict in respect of the each count shall run concurrently.
(2.) THE prosecution case as per fardbeyan (Ext. 4) of the informant Shami Ahmad Ansari (PW 9) recorded by SI Birendra Kumar Sinha, O/C of Tandwa PS on 6.8.1995 at 10.00 a.m. near North Koel Canal Kulharia Gate No. RC 143.40 in which the informant has alleged that his daughter Tarannum was married with appellant No. 1 Neharl Asgar of village Mohammadabad. Police Station Hussainabad. District Palamau in the year 1992. He spent about Rs. 35,000/ - in the marriage of his daughter. After some days, both the appellants started torturing Tarannum for dowry amount of Rs. 10,000/ -. They used to assault her. Fifteen days prior to the alleged occurrence also Tarannum had informed the informant regarding assault and torture for Rs. 10,000/ -. Informant went to the matrimonial house of Tarannum 10 days prior to the alleged occurrence and he made both the appellants to understand and also requested to allow Tarannum to go to her parents house after Rukhsadi only because she was carrying seven months pregnancy. But the appellants refused his request. All of a sudden on 2.8.1995 informant came to know that his daughter is missing from her matrimonial house of village Mohammadabad. Nazir Ahmad. brother of the informant, went to Mohammadabad and inquired about Tarannum. Appellant No. 1. Nehal Asgar simply informed that last night Tarannum Ara fled away somewhere else. Thereafter the members of the family of the informant and villagers went in search of Tarannum Ara. On 4.8.1995 they came to know that dead body of a female was seen at North Koel Main Canal Lotania Gate. The dead body was flown by opening gate of canal and the dead body was also seen at Bara Gate. There some unknown person by opening the door of the canal had flown the dead body. On 5.8.1995 Ahmad Ali and Washi Ahmad found the dead body at North Koel Main Canal Kulhariya Gate No. RD -143.40. They identified the dead body to be that of Tarannum Ara. Washi Ahmad and Nazir Ahmad Mian remained at that place, whereas Ahmad Ali informed the informant. Informant along with villagers went to the Kulhariya Gate and brought the dead body of Tarannum Ara out of the canal waters. The O/C Tandwa PS prepared inquest report (Ext. 5) of the dead body and sent the dead body to Sadar Hospital Aurangabad for post mortem examination and the fardbeyan (Ext. - 4) of the informant recorded by O/C Tandwa PS was forwarded to the O/C Hussainabad PS for registration of a case as the P/O lies in the jurisdiction of Husssainabad PS. On that basis case registered on 7.8.1995 and formal FIR (Ext. 2) was drawn on the same day at 15.30 hour. After investigation, O/C Hussainabad PS submitted charge -sheet under Sections 304B/201/34 IPC against appellant No. 1 Nehal Asgar, whereas SI N.P. Singh submitted supplementary charge -sheet against appellant No. 2 Julekha Bibi under Section 304B/201/34, IPC. The prosecution has examined altogether 16 witness in order to bring home in that it levelled against the appellant. PW 1 Khurshid Alam, PW 2 Washim Ahmad and PW 3 Md. Nazir are the uncles of the deceased Tarannum Ara. PW 4 Ahmad Ali Ansari is the witness of the inquest report on which he signed (Ext. 1) PW 5 Mustaq Ahmad is the brother -in -law (Bahnoi) of the deceased Tarannum Ara and is a shopkeeper of motor parts at Daltonganj PW 6 Manzoor Alam, PW 7 Mumtaz Ahmad, PW 8 Sarbari Khatoon, PW 9 informant Shami Ahmad Ansari (father of the deceased) and PW 10 Jahirun Bibi (wife of PW 9) have claimed that Tarannum Ara was assaulted and tortured for Rs. 10,000/ - as dowry demand who also claimed to have identified the dead body to be that of Tarannum Ara. PW 11 Saimun Bibi and PW 12 Sajada Bibi are hearsay witnesses that they have heard regarding torture to Tarannum Ara by these appellants. PW 13 Sideshwar Prasad is the IO of the case. PW 14 Dr. Wasim Ahmad assisted PW 15 Dr. N.C. Sinha in conducting post mortem examination on the dead body of Tarannum Ara. PW 16 Ram Krishna Mishra is a formal witness who has proved the fardbeyan (Ext. 4) in the pen and signature of Birendra Kumar Sinha, O/C Tandwa PS, Aurangabad. He also proved inquest report (Ext. 5) in the pen and signature of Birendra Kumar Sinha.
(3.) THE learned Sessions Judge relied the evidence of the prosecution regarding demand of Rs. 10,000/ - and when the said amount was not paid, then Tarannum Ara was assaulted, tortured and ultimately she was strangulated and the dead body was thrown in the canal. The evidence of PW 15 who conducted the post mortem examination, was also relied by the learned Sessions Judge and opined that the marriage was performed in the year 1992 and Tarannum Ara was found murdered in the year 1996. Hence he convicted the appellants and sentenced under Sections 304B/34 IPC and 201/34, IPC.;