- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 13.09.2001 passed by Shri Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 355 of 1999, by which judgment, the learned Additional Sessions Judge found both the appellants guilty for the offence under Section 304 (B) of the Indian Penal Code and sentenced the Appellant No.1, Sayeeda Khatoon, the aged lady, to undergo rigorous imprisonment for seven years and also sentenced the Appellant No.2, Md. Ajimuddin Ansari to undergo rigorous imprisonment for ten years.
(2.) THE Prosecution case was started on the basis of F.I.R. lodged by one Kutubuddin Ansari stating therein that his daughter Ruksana Khatoon was married with Md. Ajimuddin Ansari on 23.04.1998 and he gave the dowry of Rs. 35,000/ - along with other articles such as one cycle and other materials, but, after the marriage, the appellants started demanding Rs. 30,000/ - from her father and when the informant (father of the victim lady) gave Rs. 5,000/ - to them, the Appellant No.1, mother -in -law, Sayeeda Khatoon threw the money and said them that if Rs. 20,000/ - was not given, she will not accept the girl and thereon she started torturing the victim girl. It is alleged that she was pregnant for the last three months. One day, they tied her hands and legs and threw her in a cow dung ditch, but she was rescued by the villagers. With much trouble, the victim girl had given birth to a child and a daughter was born to her. Thereafter, she came to her father's house and stated that she has been tortured for not giving 30,000/ - rupees and when she went back then he (father of the victim lady) received information on 26.05.1999 at about 2.00 P.M. that the victim lady, Ruksana Khatoon was burn to death and thereafter, her body was thrown in a well. On the basis of the said F.I.R., the police registered a case under Section 304 (B) of the Indian Penal Code and after investigation police submitted charge sheet under Sections referred to above.
(3.) SINCE , the case was exclusively triable by the court of Sessions, learned magistrate after taking cognizance committed the case to the Court of Sessions for trial and subsequently, the case was tried by the 5th Additional Sessions Judge, Dhanbad and the appellants were found guilty and convicted and sentenced as aforesaid.;