- (1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 21.2.2002 and 25.2.2002 passed by Sri N. Mishra, 1st Additional Sessions Judge, Godda in Sessions Trial Nos. 100/1999/28/2000, by which he found, the appellant, Ramjee Yadav guilty under Section 304 -B of the Indian Penal Code and sentenced him to undergo R.I. for 10 years while acquitting his father, Dhaneshwar Yadav and his mother, Budhni Devi.
(2.) IT is submitted by the learned counsel for the appellant that there is absolutely no evidence that the victim -wife of the appellant was done to death by him except the evidence of his son, who was child witness (P.W. 11) Pawan Kumar Yadav and as such the learned trial court committed an error by relying upon the evidence of a child and hence the finding of conviction is bad in law and fit to be set aside. On the other hand, learned counsel for the State has opposed the prayer and submitted that it is a full proof case, where the victim lady, Anjani Devi was tortured for dowry and subsequently, she died at her sasural in a very suspicious condition. The husband -appellant has not given any statement as to how she died. In that view of the matter, as per Section 113 of the Evidence Act, the trial court rightly found the appellant guilty under Section 304B of the Indian Penal Code and convicted him.
(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case has started on the basis of a Fardbeyan given by P.W. 6, Tulsi Yadav stating therein that his daughter. Anjani Devi was married with the appellant, Ramjee Yadav in the year 1991 and he had given sufficient dowry. During marriage subsequently, a son was bom to her, whose name is Pawan Kumar Yadav and after the birth of the son the appellant, Ramjee Yadav and his family members started demanding cow and when he failed to fulfill their demand they started to torture his daughter. As per the fardbeyan at about 9 a.m. one Chabilal Yadav informed the father of the deceased that his daughter was done to death by poisoning. Then, the informant went to sasural of his daughter and found all the family members of his daughter sasural have ran away from the house leaving the dead body. His grandson, Pawan Kumar Yadav said that his mother has been killed.;