2016 Supreme(Jhk) 565
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anant Bijay Singh, Pradip Kumar Mohanty, JJ.
Nageshwar Rajwar & Anr. - Appellants
Versus
State of Jharkhand - Respondents
Cr. Appeal (D.B.) Nos. 1418 & 1196 of 2008
Decided On : 30-06-2016
For the Appellants : Mrs. Rashmi Kumari, Mr. N.K. Sahani
For the State : Mrs. Sadhna Kumar, Mr. Ravi Prakash
Headnote:Indian Penal Code, 1860 – Section 304 – B ; Indian Evidence Act, 1872 – Sections 106 and 113 – B – Appellants challenge the sentence and conviction for dowry death – Prosecution has to prove its case beyond reasonable doubt that marriage was within seven years and cause of death was unnatural and soon before the death the deceased was subjected to cruelty or harassment by the husband or the relatives of the husband – Only then the onus would shift on the accused persons in terms of provision of 113 – B to explain that in what circumstances the deceased died – Prosecution has failed to establish that soon before death the deceased was subjected to cruelty or harassment by the appellants or their family members – Case of prosecution not supported by independent PWs – Informant and parents of the deceased have given contradictory statement to each other – Trial Court erred in holding both the appellants guilty – Conviction and sentence set aside – Appeal allowed.
Anant Bijay Singh, J.
Both the criminal appeals, bearing Criminal Appeal (D.B.) No. 1418 of 2008 preferred by appellant Nageshwar Rajwar and Criminal Appeal (D.B.) No.1196 of 2008 preferred by Saraswati Devi are taken up together and are disposed of by common judgment as both the criminal appeals arised out of same judgment dated 22.08.2008 passed in S.T. No. 115/174 of 2004 by Sri Prem Prakash Pandey learned Ist Addl. Sessions Judge, Bokaro holding the appellants guilty for the offence under Section 304(B) I.P.C and further sentenced them on 25.08.2008 whereby both the appellants have been ordered to undergo rigorous imprisonment for life under Section 304(B) I.P.C.
2. The case of the prosecution, as unfolded in the written report(Exhibit1) of the informant, P.W.5 Sudhir Rajwar addressing to Officer-in-Charge, of Chas Police Station dated 23.10.2003 alleging that he is resident of village Narkara, P.S. Balidih, District-Bokaro, his sister-Urmila Devi was married in the month of June, 2002 with Nageshwar Rajwar [appellant in Cr. Appeal(D.B.) No. 1418 of 2008]. It is alleged that in the marriage, 55,000/- (fifty five thousand) in cash and other articles were given in dowry. The sister of the informant went to her sasural. Thereafter, she came to her parental home with her father and Nageshwar Rajwar also came there and fell ill and he was treated and thereafter he returned back to his house. It is further alleged that in the meantime his sister disclosed that her mother-in-law, her husband Nageshwar Rajwar used to put pressure for demand of one Hero Honda Splendor motorcycle and one Colour T.V, any how his father and other family members assured to provide motorcycle, thereafter, his sister went to her matrimonial home. It is further alleged that before three months of the occurrence, his sister came to the house and disclosed that her husband Nageshwar Rajwar, mother-in-law and one neighbour Elu Rajwar, Ram Bilash Kapardar, Jagdish Kapardar, Bhikhan Kapardar being the maternal uncle of her husband regularly used to put pressure for demand of motorcycle and threatened with dire consequences. It is further alleged that on 23.10.2003 at about 3.00 p.m. Raju Rajwar (not examined)son of Bandhu Rajwar informed the informant that his sister Urmila Devi has been murdered, thereafter the informant along with his family members and some villagers went to matrimonial home at village Gomdih, Tolla Piprabera, P.S. Chas (M) of his sister and reached there at 5.00 hours and found his sister dead having black mark on the left side of the neck. It is alleged that though the dowry demand was not fulfilled, her sister was murdered strangulating by the accused persons.
3. On the basis of aforesaid written report of the informant, Chas (M) P.S. Case No. 75 of 2003 was registered for the offence under Section 304B of the Indian Penal Code.
4. After completion of investigation, chargesheet was submitted and the case was committed to the Court of Sessions by order of learned C.J.M, Bokaro on 27.03.2004. It further appears that the case of the appellant Nageshwar Rajwar in S.T. No. 115 of 2004 and the case of Sarswati Devi in S.T. No.174 of 2004 were committed separately and further record reveals that charge under Section 304(B) I.P.C was framed against Nageshwar Rajwar in S.T. No. 115 of 2004 on 15.05.2004 by learned Additional Sessions Judge and further charge under Section 304(B) I.P.C was framed against Saraswati Devi [appellant in Cr. Appeal (D.B.) No. 1196 of 2008] in S.T. No. 174 of 2004 on 23.08.2004 by learned Additional Sessions Judge and further record reveals that trial in S.T. No. 115 of 2004 proceeded and four witnesses namely, Arjun Rajwar, Mohan Rajwar, Ashok Kumar Rajwar and Kashi Nath Rajwar were examined thereafter on the petition filed by the State on 15.02.2004 both the cases namely S.T. No. 115 of 2004 and S.T. No. 174 of 2004 were amalgamated vide order dated 24.11.2004 and the appellant Saraswati Devi was not given oppor