- (1.) These criminal appeals have been directed against the judgment of conviction and order of sentence dated 04.05.2001 passed by the 5th Addl. Sessions Judge, Dhanbad, in connection with Sessions Trial No. 275 of 1999 corresponding to G.R. Case No. 3632 of 1998 arising out of Dhanbad, Nirsa (Kalu Bathan) P.S. Case No. 222 of 1998 dated 13.10.1998 whereby appellants namely Tupi Devi, Abla Devi, Balram Gorai, Nand Lal Gorai and Ranjeet Gorai have been held guilty for the offence punishable under Sec. 304 -B of the Indian Penal Code. Out of them appellants namely Tupi Devi and Abla Devi have been sentenced to undergo R.I. for seven years whereas appellants namely Balram Gorai, Nand Lal Gorai and Ranjeet Gorai have been directed to undergo R.I. for life under Sec. 304 -B of the Indian Penal Code. Appellants namely Balram Gorai, Vijay Gorai, Nand Lal Gorai and Ranjeet Gorai have been held guilty for the offence punishable under Sec. 201 of the Indian Penal Code and sentenced to undergo R.I. for three years and to pay fine of Rs. 5000/ - each under Sec. 201 of the Indian Penal Code and in default of making payment of fine, they shall suffer further imprisonment of one year.
(2.) The case of prosecution as it appears from the written report lodged by Bhola Nath Gorai (PW -7), in brief, is that his sister Uchita Devi @ Nuni was married with appellant Ranjeet Gorai four years prior to the date of incident. She was blessed with two children but only one survived and she was a female child. Uchita was subjected to torture and treated with cruelty during her lifetime. It is disclosed that when Ranjeet Gorai lost his employment, he started demanding Rs. 10,000/ - and for that Uchita was compelled and subjected to torture to bring that sum of Rs. 10,000/ - from her parents. One month prior to the date of occurrence Uchita was brought by her husband to her matrimonial home. Again she was subjected to torture and treated with cruelty and lastly she has been done to death and the dead body was hurriedly cremated during night by the husband and other family members. On the basis of written report lodged by Bhola Nath Gorai, Nirsa (Kalu Bathan) P.S. Case No. 222 of 1998 dated 13.10.1998 under Sec. 328, 304 -B & 201/34 of the Indian Penal Code was registered. The police, after due investigation, submitted chargesheet against the appellants and accordingly cognizance was taken and the case was committed to the court of sessions and registered as Sessions Trial No. 275 of 1999.
(3.) Charges under Sec. 304 -B/34 and 201 of the Indian Penal Code were framed against the appellants to which they pleaded not guilty and claimed to be tried. The prosecution, in order to substantiate the charges, examined altogether ten witnesses including the informant and the Investigating Officer. PW -9 and PW -10 are the witnesses to the seizure of the cloth of the deceased and ash. The learned Addl. Sessions Judge, considering the evidence and documents available on record, held the appellants guilty and sentenced them, as indicated above. Appellant Vijay Gorai has been acquitted from the charge under Sec. 304B of the Indian Penal Code.;