B.B.Mangalmurti, J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 31st January, 2003 passed by Additional District & Sessions Judge, 1st Fast Track Court, Giridih in Sessions Trial No.313 of 2000, holding all the appellants guilty under Sections 498A & 304B read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years under Section 498A of the Indian Penal Code and rigorous imprisonment for seven years under Section 304B of the Indian Penal Code and both the sentences will run together.
(2.) The prosecution case, in short, is that informant Sanichar Sao gave written report that marriage of his daughter Mina Devi was solemnized with Chhoti Sao in the year 1999 and Rs.10,000/- cash was settled to be given as dowry and at the time of marriage only Rs.5000/- was given. After some time, the husband of the girl demanded rest amount of Rs.5000/- but since he was not having sufficient fund, gave only Rs.1000/-. Thereafter, the husband Chhoti Sao alias Punit Sao, father-in-law Jehal Sao and mother-in-law Baso Devi started demanding rest of the amount. Whenever informant went to meet his daughter then the girl used to say that the balance amount of dowry be given to in-laws otherwise mother-in-law, father-in-law and husband may commit his murder as they are threatening her due to this reason and also assaulting her. A Panchayti was arranged at village Rangamati and before the Panches the son-in-law, Samdhi and Samdhan said in express words and demanded rest of Rs.4000/- balance dowry amount. Since informant was not having much of amount, he returned to his home. On 01.07.2000, he got information from Arjun Sao of Rangamati about death of his daughter Mina. He went to village Rangamati and saw that his daughter is lying dead. He claimed that his son-in-law Chhoti Sao alias Punit Sao, Samdhi Jehal Sao and Samdhan Baso Devi have committed murder of his daughter by making conspiracy.
(3.) Accordingly, Nimiaghat P.S. Case No.53 of 2000 under Section 498A, 304-B/34 of the Indian Penal Code was registered and formal F.I.R. was drawn being G.R. No.1017 of 2000. After investigation, charge-sheet was submitted against all the appellants and after taking cognizance and commitment of case to the court of Sessions and after framing of charge under the aforesaid Sections, the prosecution altogether examined twelve witnesses whereas defence has examined four witnesses on their behalf.;