GANGADHAR GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgement of conviction and Order of sentence dated 16.01.2001, passed by the learned 2nd Additional Sessions Judge, Seraikella, in S.T. No. 142 of 1997, whereby the appellant, who is the husband of the deceased lady, has been found guilty and convicted for the offence under Section 304-B of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Kunti Gowalin, who is the mother of the deceased Bhawani Bala Gope, recorded on 31.12.1996 at her village Dalgram, P.S. Nimdih, District Seraikella, wherein she has stated that she had married her daughter to the accused Gangadhar Gope, about eight months ago, and thereafter she was living at her in-laws' place. On 15.11.1996 her daughter and son-in-law had come to their house on the occasion of Kali Puja, and during their stay at her house, her son-in-law had demanded Rs.10,000/-, which she was not in a position to give. Thereafter, her son-in-law wanted to return back to his village. Though her daughter was not ready to go with him, but she was also sent along with her husband on 19.11.1996. She did not inform anyone in the house about the demand of money by her son-in-law. On the next day, i.e., on 20.11.1996 she was informed that her daughter had died at Yogesh Nursing Home, Chandil, whereupon her husband and her son went there and saw the dead body. After returning back, her husband informed her that no in-law of her daughter was at the hospital and the Doctor informed him that the deceased had died due to consuming poison. She was also informed that on 20.11.1996, the deceased had gone to the paddy field for harvesting the paddy crop, where she fell down and got some fits, thereafter, she was brought to the nursing home. The information about the death was also given at Nimdih Police Station, and the post-mortem of the dead body was also done. Alleging that the accused had subjected her daughter to cruelty and torture for the demand of Rs.10,000/-, and had administered poison to the deceased, due to which she died, the fardbeyan was given by the informant, on the basis of which, Nimdih P.S Case No. 56 of 1996, corresponding to G.R. No. 731 of 1996, was instituted against the sole accused, for the offences under Sections 498-A, 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of the Dowry Prohibition Act, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.