Ratnaker Bhengra,J. - (1.) (C.A.V.) - This Criminal appeal is directed against the judgment of conviction and order of sentence dated 10.3.2016 passed in .S.T No. 40 of 2013/266 of 2013 by the learned, District and Additional Sessions Judge-II Godda whereby the appellants above named have been convicted for the offence punishable under section 498(A) of the Indian Penal Code and sentenced to undergo R.I for three years subject to set off the period undergone by the appellants.
(2.) The prosecution case, according to the written report of Ram Prasad Sharma, is that his daughter,namely, Neha Sharma, was married with one Niranjan Sharma son of Bhagwan Sharma of Mahagama police station district Godda in July, 2011. Initially, his daughter was living cordially in her matrimonial home. About two months ago in-laws of his daughter had, after conducting farewell (Bidai), had taken his daughter to Mahagama at their home. About one week ago he had gone to Mahagama to take his daughter for appearing in her B.A examination but in- laws refused, then his daughter informed that her husband namely Niranjan Sharma, used to assault her mercilessly and in between even his son had gone to take his daughter but they did not allow so. On 30.7.2012 at about 3.a.m. in the morning, he received a call through mobile phone from his son-in-law that his daughter's health was not well and she was suffering acute pain in stomach and therefore, they had taken her to Mahagama hospital for her treatment. When he reached at Mahgama hospital he found that his daughter was struggling in acute pain and was asking for water. On being asked, she told that on 29.7.2012 at about 8 p.m., her husband Niranjan Sharma, brother- in-law Ranjeet Sharma, Father-in-law Bhagwan Sharma and mother-in-law Sunita Devi had locked the door inside the room and all of them caught hold of her and thereafter she was compelled to consume tablet type of substance. The moment she had consumed the tablet, her condition became serious and at that time her stomach was aching and she started vomiting and thereafter she was rushed to the Hospital. During treatment she came to know that she had been brought to Mahagama Hospital. Looking to the serious condition of the girl,the Doctor, for better treatment, referred the girl to Bhagalpur hospital where his daughter, during the course of treatment his daughter told him that her husband Niranjan Sharma, his brother-in-law Ranjeet Sharma, Father-in-law Bhagwan Sharma, mother-in-law Sunita Devi and sister-in- law Nirmala Devi always used to assault and torture her for dowry but for the respect of her in-law family she did not complain about this before the police. During treatment on 31.7.2012 at 8.45 A.M his daughter passed away. His claim is that above mentioned persons used to always torture his daughter for dowry and when he was not able to give the money and article demanded for dowry then the aforesaid persons caught hold of her and his daughter was poisoned and thereafter murdered her. He had given the aforesaid complaint on 31.7.2012 to the police (darogaji) of Barari Thana, at J.L.N.M C. Hospital Bhagalpur but it has not been received at Mahagama Thana.
(3.) On the basis of written report of the informant Mahgama P.S Case No. 120 of 2012 dated 8.8.2012 was registered against the accused persons under sections 304(B)/34 of the Indian Penal Code. After investigation, the police submitted charge sheet under sections 304B/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibiting Act and thereafter cognizance of the offence was taken and case was committed to court of sessions wherein charge was also framed under section 302/34,304B/34 and 328/34 of the Indian Penal Code against the appellants. The accused pleaded not guilty and claimed to be tried.;