D.P.SINGH, J. - (1.) SOLE appellant Ismail Mian stands convicted for the offence punishable under Sec. 498 -A of the Indian Penal Code and sentenced to serve rigorous imprisonment for two and half years, by the 1st Additional Sessions Judge, Fast Track Court, Giridih in Sessions Trial No. 205 of 1989 Tr. No. 9 of 2002.
(2.) BRIEF facts leading to this appeal are that the Officer -in -Charge of Hirodih Police Station within the district of Giridih registered Hirodih Police Station U.D. Case No. 2 of 1988 on 22.6.1988 on being informed by the appellant that his wife was found dead in a well situated in village Dhodho. The said Officer -in -Charge during investigation of this U.D. Case, recorded the statement of Jahuran Bibi (PW 1), mother of the deceased Sarima Khatoon, supported by other witnesses that Sarima Khatoon has died due to torture for non -fulfillment of dowry demands. Accordingly, on 26.6.1988 he got Hirodih Police Station Case No. 19 of 1988 under Sec. 304 -B of the Indian Penal Code registered against the appellant and his parents on his own statement. According to informant Alakh Niranjan Choudhary, Officer -in -Charge of Hirodih Police Station, after marriage deceased Sarima Khatoon was subjected to torture for non -fulfillment of dowry demands of Rs. 2,000.00 and ultimately she was found dead in a well in the morning of 22.6.1988. The police further investigated the case and finally submitted charge -sheet against the five persons under Sec. 304 -B of the Indian Penal Code. Their trial was committed to the Court of Sessions where five persons were charged under Sections 147, 498 -A, 304 -B/149 and 201 of the Indian Penal Code. The accused pleaded not guilty and claimed false prosecution. The learned trial Court after evaluating the evidence before it found and held the appellant guilt under Sec. 498 -A of the Indian Penal Code only acquitting him from other charges. The learned trial Court has further acquitted all other accused persons from all charges.
(3.) THE present appeal has been preferred mainly on the grounds that the learned trial Court while acquitting all the accused persons from all charges held the appellant guilty under Sec. 498 -A of the Indian Penal Code. In this context, Mr. S.K. Ughal, learned Counsel for the appellant, submitted that when the story of prosecution was not believed in major portion, the demand for dowry and subsequent torture upon the deceased fails. It is further submitted that the learned trial Court has accepted the prosecution story that Rs. 2,000.00 was demanded by the appellant without any basis, as the witnesses have failed to prove any panchayati in this context. My attention was drawn towards the admission of the witnesses that they had no personal knowledge about the dowry demands and only probable witness Jaitun Khatoon has not been produced before the trial Court. It is also submitted that the informant has not been examined and in absence of any medical report that Sarima Khatoon has died because of any injury on her body, the allegation of dowry demands are falsified.;