Aparesh Kumar Singh, Kailash Prasad Deo, J. - (1.) Heard learned counsel for the Informant / Appellant, State and the Respondent No. 2 on the prayer for condonation of delay of 75 days in preferring the appeal being I.A. No. 2514/2019 and also on the prayer for grant of Leave to Appeal in terms of section 378(3) of the Cr.PC against the impugned judgment dated 03.08.2018 passed in Sessions Trial No. 344/2016 by the Court of Learned District and Additional Sessions Judge-III, Dhanbad, whereby the accused has been acquitted of the charge under section 306 of the I.P.C. while convicting him for the offence under section 498-A of the I.P.C and by the impugned order of sentence of the same date, sentenced him for two years of rigorous imprisonment with a fine of Rs. 3,000/- and default clause.
(2.) We have heard learned counsel for the appellant, State and Respondent No. 2 on the merits of the challenge to the impugned acquittal under section 306 of the I.P.C. Appellant is also aggrieved by the quantum of sentence awarded by the learned Trial Court.
(3.) The Informant's case is as follows: Informant's sister Nargis Ara (deceased) aged 32 years was married ten years before with the accused. He has alleged demand of dowry and physical torture since her marriage and interventions by the Panch from time to time. On 15.06.2016 he was informed by the accused / brother-in-law that his sister is serious and asked to come to Pragati Nursing Home. On reaching there, he learnt that the doctor had declared her dead. On this assertion, Dhanbad P.S. Case No. 56/2016 dated 15.06.2016 was instituted under sections 302/34 of the I.P.C. After investigation, charge sheet was submitted under section 306 of the I.P.C. After cognizance and commitment, charges were framed under section 498-A and 306 of the I.P.C. which were explained to the accused in Hindi, to which he denied his involvement and pleaded his innocence.;