IMPORTANT POINT
Conviction and sentence cannot be sustained when prosecution case has not been proved against accused by prosecution at standard of beyond reasonable doubt.

JUDGMENT :

N.V. RAMANA, J.

1. This appeal arises out of the impugned judgment dated 11.02.2010, passed by the High Court of Jharkhand at Ranchi in Criminal Appeal (S.J.) No. 176 of 2001, whereby the High Court has confirmed the judgment and order passed by the Additional Sessions Judge, Pakur in Sessions Trial Case No. 235/1998; 45/1998 dated 09.05.2001 and upheld the conviction of the appellant-accused under Section 498A read with Section 34 IPC along with other accused persons.

2. The present appeal pertains to Nimay Sah, accused no.3, who is the elder brother of the deceased’s husband, Gora Sah, accused no.1. The present appellant-accused has suffered conviction along with accused no.1, Gora Sah, husband of the deceased and accused no.2, Nitai Sah, father-in-law of the deceased.

3. The deceased, Asha Kumari had been married to accused no.1, Gora Sah, and had been living in her matrimonial home. As per the prosecution story, she was harassed for demand of dowry of Rs. 10,000/- (Rupees Ten Thousand Only) by the accused persons. This demand was originally made to her father, Devendra Sah (P.W.10), the complainant, at the time of her vidai ceremony. Owing to her complaints of harassment, her father, Devendra Sah (P.W.10), went to her matrimonial home to pacify her in-laws and assured them of payment of the said amount. Eventually when the harassment did not stop, the complainant sent his son, Munna Sah (P.W.8), to the deceased’s matrimonial home who brought her back to her parental home.

4. Accused no.1, Gora Sah, husband of the deceased, went to deceased’s parental home on 18.02.1998. On the fateful day, i.e., 20.02.1998, he took the deceased for a 2 morning walk. Having come back alone after an hour, he hurriedly packed his belongings to leave. When confronted about the whereabouts of the deceased, he said that the deceased was attending the call of nature and would be back soon. He left thereafter. When the deceased did not return after an hour, the complainant started searching for her and she was ultimately found dead, near the canal with strangulation marks on her neck. An FIR was registered against the accused persons under Section 304B read with Section 109 IPC. After the completion of investigation, chargesheet was presented in the court.

5. The accused persons were charged under Section 498 A read with Section 34 IPC and Section 304B read with Section 34 IPC. The accused persons in their statements under Section 313 CrPC, denied all the evidence tendered by the prosecution, claimed false implication and pleaded innocence.

6. By the judgment and order dated 09.05.2001, the trial court, relying upon the prosecution version, convicted the accused persons as under:

7. Aggrieved by the abovementioned order of conviction and sentence, the accused persons appealed before the High Court. The High Court on analysis of evidence found it to be consistent and corroborative, thereby, confirmed the judgment and order of conviction passed by the trial court as well as the sentence vide the impugned order.

8. Aggrieved by the impugned order passed by the High Court wherein the conviction and sentence of all the accused persons has been confirmed, accused no.3, Nimay Sah, brother of the deceased’s husband, has preferred this appeal.

9. The learned counsel on behalf of the appellant-accused has submitted that none of the independent witnesses have supported the prosecution story. It was contended that the prosecution story comprises of vague allegations, unsubstantiated by evidence. The entire family of accused 4 no.1, Gora Sah, husband of the deceased, has been roped in this case. Thus,