- (1.) These criminal appeals have been directed against the judgment of conviction and order of sentence dated 11.03.2004 and 12.03.2004 respectively passed by the 7th Addl. Sessions Judge, Dhanbad, in connection with Sessions Trial No. 203 of 2002 corresponding to G.R. Case No. 204 of 2002 arising out of Putki P.S. Case No. 09 of 2002 whereby the appellants named above have been held guilty for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.
(2.) The prosecution case as it appears from the written report lodged by Mani Lal Mahato, in brief, is that his daughter Sarita Devi was married with appellant Lakhiram Mahato about three years ago but she was not happy in her matrimonial home. After few months of the marriage, Lakhiram Mahato started demanding a sum of Rs. 25,000/ - in terms of dowry and for non -fulfillment of dowry amount, Sarita Devi was subjected to torture by various means on various occasions. It is disclosed that Sarita Devi was always transmitting the information to her parents regarding the torture committed on her. The deceased had further informed that her husband Lakhiram Mahato has developed illicit relation with appellant Dalo Devi. It is alleged that on 26.01.2002 both the appellants, after hatching out a conspiracy, set Sarita Devi and her daughter Baby Kumari aged two years, on fire consequently they died due to burn injury.
(3.) On the basis of written report Dhanbad, Putki P.S. Case No. 09 of 2002 dated 27.01.2002 under Sec. 304 -B/34 of the Indian Penal Code was registered against both the appellants. The police, after due investigation, submitted chargesheet and accordingly, cognizance was taken and the case was committed to the court of sessions and registered as Sessions Trial No. 203 of 2002. Charges under Sec. 302/34 of the Indian Penal Code and in alternative under Sec. 304 -B/34 of the Indian Penal Code were framed against the appellants. Appellant Lakhiram Mahato stood further charged for the offence punishable under Sec. 4 of the Dowry Prohibition Act and Sec. 497 of the Indian Penal Code. To substantiate the charges, prosecution has examined altogether 13 witnesses including the Doctor, Investigating Officer and the informant. The learned Addl. Sessions Judge, placing reliance on the evidence and documents available, held the appellants guilty for the offence punishable under Sec. 302/34 of the Indian Penal Code and inflicted sentence, as indicated above.;