- (1.) THE sale appellant Pragesh Munda @ Yogesh Munda has preferred this appeal against the orders of conviction and sentence .dated 22.8.2000 passed by 1st Additional Judicial Commissioner, Ranchi in Sessions Trial No. 514 of 1999 whereby the appellant has been convicted under section 304(B) of the Indian Penal Code and sentenced to undergo imprisonment for ten years.
(2.) BRIEF facts leading to this appeal are that the appellant was married with deceased Meena Devi sister of the informant Bal Krishna Munda. According to prosecution, the relation between the appellant and the deceased was quite well but after sometime the appellant started to demand money for television etc. as dowry from the father -in -law who was employed in Kedala colliery. This led to bitter relationship and ill treatment committed by the appellant upon the deceased. Futher story of the prosecution is that on 7th July, 1999 the appellant has gone to in -laws house where the deceased was present. It is also stated that on that day the appellant brought back his wife to his home at village Jirawar. According to the informant the appellant has thrashed his wife while returning and out of disgust, his wife pourk Oil on her body in the afternoon at about 3 p.m. and put herself on fire. The house inmates broken the door but in the meantime Meena Devi was burnt completely, she was brought to RMCH hospital and subjected to treatment. However, Meena Devi breathed her last at about 3 a.m. on 8th July, 1999. Ormanjhi Police was called and statement of Bal Krishna Munda was recorded at RMCH, Ranchi at 2.30 p.m. on 8th July, 1999, on the basis of which Ormanjhi P.S. Case No. 59 of 1999 was registered under section 304(B) of the Indian Penal Code. Police investigated the case and finally submitted the charge -sheet against the appellant. The appellant was arrested on 11th July, 1999. The case was committed to the court of session where he was charged under section 304(B) on 26.11.1999. The lower court after examining the prosecution witnesses and defence witnesses ultimately found the appellant guilty under section 304(B) of the Indian Penal Code and accordingly sentenced him to serve R.I. for 10 years by impugned judgment dated 22.8.2000.
(3.) THIS appeal has been preferred on the grounds that learned lower court has committed errors on record. It is also asserted that relationship between appellant and deceased was all along cordial and no occasion arose for demand of dowry as in Schedule Tribe, custom of dowry is not prevailing. According to learned counsel for the appellant, the deceased has herself put on fire for reasons unknown because torture for dowry demand has not been proved with any positive evidence. It is also submitted that P.W 3 -4 house inmates have stated that the relationship was cordial between the appellant and the deceased.;