- (1.) THIS appeal is directed against the judgment of conviction dated 08.10.2007 and order of sentence dated 10.10.2007 passed by Shri Satya Prakash, District and Sessions Judge, Giridih in Sessions Trial No. 428 of 2005, by which judgment, he found the accused guilty for the offence under Sections 304 (B)/34 and 498A/34 of the Indian Penal Code. He convicted the appellant for seven years rigorous imprisonment for the offence under Sections 304 (B)/34 of the Indian Penal Code and three years rigorous imprisonment for the offence under Sections 498A/34 of the Indian Penal Code, he directed both the sentences to run concurrently.
(2.) THE Prosecution case was started on the basis of a written report given by the informant Anil Tiwary (P.W.2) to the Superintendent of Police, Giridih on 08.05.2005 stating therein that he is a resident of Village -Dangradih, P.S. -Chatra, District -Chatra and his sister Arati Devi aged about 20 years was married with Sunil Tiwary, the accused, on 13.03.2004 at village Malda, P.S. -Gawan, District -Giridih. At the time of marriage cash of Rs. 31,000/ -along with gold ornaments and other articles were also given. He stated that at the time of marriage, his brother -in -laws and in -laws of his sister demanded a motorcycle which, due to his poverty, he could not give. Soon after the marriage, his sister went to sasural, but her in -laws used to torture her for not bringing motorcycle with her. In the falgun of 2005, when he reached the sasural of his sister, she came with him to his house and she stated that she is being tortured for dowry since they have failed to give motorcycle. She has also stated that if motorcycle is not given, she will be killed. He stated further that at the time of Holi, his brother Sunil Tiwary came and he had a fight with them for not giving a motorcycle. When his father stated that he will sell his land and give him motorcycle within one year, since the lands were also not sold at that time, then his brother -in -law left with the deceased Arati Devi for Malda four days before the occurrence. His father had gone to the village Malda with Jitendra Tiwary and Shivdeo Tiwary, where the deceased, Arati Devi narrated her torture for not giving the motorcycle. The in -laws of his sister told his father that if motorcycle is not given, then see the result within 15 days. Suddenly, on 05.05.2005, Gawan Police informed that the elder daughter of Shivdeo Tiwary has died by hanging. On this information, they went to village Malda on 06.05.2005 and came to know that on 04.05.2005 Sunil Tiwary, Nakul Tiwary and his wife and uncle -in -law, Tribhuwan Tiwary, Janaki Tiwary and Sukit Tiwary had committed murder of his sister. He also come to know that by giving false information to the police they have burnt the dead body also. He also stated that the place of occurrence where his sister hanged herself is such a low roof room that if a man stand, his head will touch the roof and a person cannot commit suicide by hanging there. He also came to know that there was a sign of assault on the dead body in the neck, ear -drum and even hands were swollen and as such he had got full claim that his sister was tortured to death and false case of hanging is reported.
(3.) ON the basis of the said written report, the Superintendent of Police, Giridih written the matter at Gawan Police Station where a case for the offence under Sections 498A/34 of the Indian Penal Code read with Sections 304B/34 of the Indian Penal Code was registered and after investigation police submitted a charge sheet against the accused Sunil Tiwary and kept the investigation pending for the other accused persons.;