Kailash Prasad Deo, J. - (1.) Heard, Mr. H. K. Mahato, learned counsel appearing for the appellant and Mr. Mukesh Kumar, learned Additional Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction dated 05.10.2005 and order of sentence dated 06.10.2005, passed by the learned Additional Judicial Commissioner-III, Khunti (Ranchi) in S.T. No.285 of 1992, whereby the sole appellant, Bidyadhar Choudhary has been convicted for the offence committed and punishable under Sections 304B and 498A of the Indian Penal Code and awarded rigorous imprisonment for 7 years for the offence committed and punishable under Sections 304B and rigorous imprisonment for 2 years for the offence committed and punishable under Section 498A of the Indian Penal Code. However, both the sentences are directed to run concurrently.
(3.) The prosecution case is based upon the complaint filed by the complainant/informant, Mahendra Nath Manjhi (P.W.1), on 20.06.1991 against Bidyadhar Choudhary, Dileep Choudhary, Most. Nalita Choudhary and Kalipado Manjhi alleging therein, that on 10.06.1991, his daughter (Usha Devi) whose marriage solemnized with Bidyadhar Choudhary (appellant) in the year 1990, has been killed by the accused persons. The informant has alleged that in the month of January, 1991, his son-in-law demanded Rs.18,000/- for installation of paddy mill and flower mill at Village- Taroi, which was paid by the informant /complainant. The complainant has further stated that subsequently the accused persons demanded Rs.25,000/- to purchase motorcycle, but because of inability to pay the amount, all the accused persons tortured his daughter and accused Nos.2 and 3 were having intention that daughter of the informant should not remain at her sasural. The informant/complainant has further stated that while his daughter (Usha Devi) came to his house, she used to disclose about the torture meted out to her. The informant has stated that on the information given by his daughter (Usha Devi), the complainant went to the Village- Taroi, but Bidaee was not given. Thereafter the informant/complainant went before the neighbour, Professor Badri Choudhary, who gave assurance that everything will be normalized and thereafter the complainant returned. On 11.06.1991 at around 8 -9 a.m., two persons came from Village Taroi and said that Surajmal Manjhi had called him at Village- Taroi. Surajmal Manjhi is cousin of Bidyadhar Choudhary (appellant) . The informant after hearing this message, came to village- Taroi on Motorcycle and found that her daughter was hanged with rope to the beam. The accused No.1 disclosed that after he left his house, Usha Devi (deceased) committed suicide by hanging herself with a rope tied in a beam. The accused has also disclosed to the informant, that they have already informed the Police and are awaiting for the Police, till then no person was allowed to go near the dead-body. The Sub-Inspector came at around11 -12 noon and took the dead-body and in connivance with the accused, the Sub Inspector prepared a false paper. The complainant has given written report and from perusal of whatever he has given in writing at the Police Station, it would be apparent that Usha Devi was tortured by the accused persons. Since no action was taken by the Police, as such, the complaint petition has been filed. The complaint petition was sent to the concerned Police Station under Section 156 (3) Cr.P.C. and on the basis of that, the Police registered First Information Report bearing Tamar P.S. Case No. 70 of 1991 dated 16.07.1991 corresponding to G.R. No.359 of 1991 under Section 498A and 304B of the Indian Penal Code against.;