- (1.) All the three appellants were charged for the offence under Sections 304B/34 of the Indian Penal Code for causing dowry death of the deceased, Sema Devi. The trial Court i.e. learned 3rd Addl. Sessions Judge, Dumka, by his judgment dated 20th January, 2004, in Sessions Case No.284 of 2001 convicted the appellants for the offence under Section 304B/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of seven (7) years.
(2.) The case was initiated on the basis of the first information report lodged on 21-2-2001 by Sri Krishna Mahto (P.W.-3) against these three appellants. In the fardbeyan, the informant alleged that he had got his daughter, Sema Devi married in the year 1996 with Arun Mandal (appellant No.3), the son of the appellant nos. 1 and 2. After marriage, she went to her in-law's place. After sometime, the son-in-Law, Arun Mandal, Samdhi, Bhagwat Mandal and his wife, Anguri Devi started torturing his daughter in various ways and they were also asking her to bring Rs 5,000/- (Rupees Five Thousand) and a T.V. from her parents. It was further alleged in the fardbeyan that his daughter always complained about ill treatment by her husband, mother-in-law and father-in-law but the informant always sent her back to her in-law's place by making her to understand & adjust. It was further alleged that his daughter had also not been given proper food and clothing by her in-law's. About a month back, his daughter was driven out of her in- law's place due to ill treatment and demand of the dowry and she went to the house of Fagu Panjiyara. her maternal brother in village Raksi. When the informant came to know about it, he went to village Raksi and brought his daughter back to his village. His daughter, Sema Devi again complained that the accused persons had told her that unless the demand of Rs. 5000/- (Rupees Five Thousand) and a T.V. was fulfilled, she would not be allowed to stay her in-Law's place. A Panchayati was convened at the instance of the informant, which was attended by several villagers. In the said Panchayati, the husband, father-in-Law and the mother-in- law of the deceased promised to keep Sema Devi with all dignity and honour and then Sema Devi was again sent with them. On 20th February, 2001 at about 5.00 a.m. Jai Ram Choudhary of village Lakarbak came to the informant village and told him that his daughter, Sema Devi was ill and, therefore, he should go to see her. At this, the informant along with the other villagers, namely, Jiyadhari Manjhi-P.W.-1, Badri Mahto, Vijay Manjhi and his son Manilal Mahto, P.W-2, went to in-law's place of his daughter and there he found that the dead body of his daughter was lying in the courtyard of the accused persons. After inquiry, he came to know that the accused persons had killed her by administering poison i.e. "Thimet" an insecticide which is used for killing insects.
(3.) On the basis of this information, a first information report was registered against the accused persons, Police took the investigation and thereafter submitted the charge sheet and the accused persons were put on trial.;