PRADEEP KUMAR, J. - (1.) HEARD learned Counsel for the appellants and learned Counsel for the State.
(2.) THIS appeal is directed against the order of conviction dated 12.12.2001 and order of sentence dated 15.12.2001 passed by Sri William Minj, learned 1st Additional Sessions Judge, Bokaro at Chas in Sessions Trial No. 417 of 1998 by which judgment he found all the appellants guilty under Section 304B of the Indian Penal Code and sentence them to undergo rigorous imprisonment for ten years each. The prosecution case started on the basis of the first information report given by the informant P. W.1, Haradhan Grahacharya father of the deceased girl, stating therein that the daughter Reeta Acharya @ Babita Devi was married to Manik Acharya, appellant No. 1, son of Ashok Acharya, village Mohal, P.S. Chas in the Hindu Rites and Customs on 3rd March, 1997. He stated that at the time of marriage, she had brought rupees eleven thousand and Rs. 2500/ - worth ornaments, cloth and utensils, worth Rs. 5,000/ - and after marriage, she started living in her husband's house at Dist. Bokaro P.S. Chandankiary at Village Mohal. He further stated that just after three months of the marriage, the appellant Manik Acharya, his mother, Bhawani Acharya, brother, Becharam Acharya and sisters Bulu Acharya and Chinta Acharya started demanding colour T.V. and Hero Honda Motor -cycle in the Dowry and started torturing his daughter. When his daughter stated that her father is a poor man and he could not fulfill the demand of further dowry, then she was assaulted by the accused persons. On her complaint, the informant went to the 'sasural' of his daughter and wanted to solve the matter but the accused persons continued the torture and threatened that they will kill her if the demands are not fulfilled and actually on 27.3.1998, she was done to death by pouring kerosene oil and putting fire on her body. Subsequently, he was informed about the death of his daughter. When he went to the police station then they refused to take the F.I.R. and asked him to go to Chandankiary police station and that P.S. also refused, then he lodged the written complaint, sending a copy to S.P. and D.C.
(3.) ON the basis of the said written report, the case under 304B of the Indian Penal Code was instituted and after investigation, the investigating Officer submitted charge -sheet against all the five accused persons under Section 304B/34 of the Indian Penal Code showing the accused Ashok Acharya as dead. Learned Chief Judicial Magistrate took cognizance of the case and since the case was exclusively triable by the Court of Sessions, the same was committed to Session and lastly the case was tried by the First Additional Sessions Judge, Bokaro, who found them guilty as aforesaid.;