- (1.) This appeal is directed against the judgment dated 18.6.2000, in sessions Trial No. 601 of 2000, whereby the learned trial court convicted the appellant for committing the offences under sections 498A and 304(B) of the Indian penal Court and sentenced him to undergo R.I. for a period of 2 years under Section 498 A and R.I. for a period of 7 years under Section 304 of the Indian Penal Code Both the sentences were directed to run concurrently.
(2.) The prosecution story, in short, is that the informant, namely, Shailesh Kumar Roy {P. W. 6), the brother of the deceased Sandhya Roy lodged F.I.R. on 18.5.1996, alleging therein, that his sister, Sandhya Roy (deceased) was legally married to the appellant, Madhusudan Roy @ Madhu on 18.5.1996 and there after his sister started living in the house of the appellant, Madhusudan Roy @ Madhu. The appellant started demanding Rs. 45000/- (Rupees Forty Five Thousand) from the informant and when he showed his inability, the appellant left his sister in his house. Then his sister did file case for maintenance against her husband, but the same was compromised, as the appellant gave assurance that he would keep his wife nicely and then he took her to his house, but he again started torturing and ill-treating her. On 17.6.2000, the informant was informed on telephone that his sister has consumed something and there after she has been brought to Rajendra Medical Collage Hospital, Ranchi for treatment. On 18.6.2000 at about 2:35 P.M. the informant went to the Rajendra Medical Collage Hospital Ranchi and he saw his sister was being treated in the Hospital, but later on she died on 18.6.2000 itself. It was alleged that the appellant tortured his wife due to non- fulfilment of dowry and thereafter administered her poison.
(3.) The police after investigation, submitted charge-sheet against the appellant and thereafter the appellant was put on trial.;