2018 Supreme(Jhk) 1594
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Dinesh Sao - Appellant
Versus
The State of Jharkhand & Ors. - Respondents
Cr. Appeal (SJ) No. 1464 of 2017
Decided On : 08-02-2018
For the Appellant : Prabhat Kumar Sinha.
For the Respondent: Moti Gope, Addl. PP, Santosh Kumar.
Headnote:
Dowry of Prohibition Act – Section 4 – Indian Penal Code, 1860 – Sections 307, 341, 342, 504, 498A – Code of Criminal Procedure, 1973 – Section 320(8) – Order of Conviction – Appeal has been preferred by the appellant against the judgment of conviction and order of sentence passed by the Additional Sessions Judge-II, in S.T. whereby and whereunder, the court below has convicted the sole appellant for the offence punishable under section 498A, 307/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced him to undergo S.I. for one year with fine for the offence under Section 498A of the Indian Penal Code, S.I. for four years with fine for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo S.I. for one year with fine for the offence under Section 4 of the Dowry of Prohibition Act. – Held, Duty of the prosecution is not to place materials which would ensure conviction. – The duty of the prosecution is to place complete materials before the Court and it is for the Court to decide whether the evidence indicates the guilt of the accused or innocence of the accused. – Finding out the truth is the ultimate aim of any trial. – Therefore, this is a fit case whether the trial Court should have drawn adverse inference for non-examination of the independent witnesses of the locality, whose statements were recorded by police during investigation but they were withheld from the witness box. – Court is of the considered opinion that the prosecution has not been able to bring home the charge against the sole accused appellant beyond all reasonable doubts and in the facts of the case, the accused appellant was entitled to the benefits of doubt hence he is acquitted of the charges. – Impugned judgment of conviction and order of sentence passed by the Additional Sessions Judge-II, in S.T. being not sustainable in law, are set aside. – Appeal Allowed
Heard the parties.
2. This appeal has been preferred by the appellant against the judgment of conviction dated 17.07.2017 and order of sentence dated 27.07.2017 passed by the Additional Sessions Judge-II, Hazaribagh, in S.T. No. 461 of 2007, whereby and whereunder, the court below has convicted the sole appellant for the offence punishable under section 498A, 307/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced him to undergo S.I. for one year with fine for the offence under Section 498A of the Indian Penal Code, S.I. for four years with fine for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo S.I. for one year with fine for the offence under Section 4 of the Dowry of Prohibition Act. All the sentences were directed to run concurrently.
3. The case of the prosecution, in brief, is that the informant victim was married to the appellant six years prior to the date of occurrence. The appellant and his relatives used to demand cash of Rs. 50,000/-, one colour T.V., one almirah from the informant after marriage, which the parents of the victim-informant were unable to fulfill. It is further alleged that on 3.5.2007 at about 6:30pm when the victim was in the kitchen, on the instruction of her father-in-law, her elder brother-in-law (Mukesh Sao), elder Gotni-Babita Devi, niece-Sima Kumari and her husband (the appellant), with an intention to kill her (the informant), poured kerosene oil upon her and set her on fire upon which she raised alarm. Thereafter, the nearby neighbours came there. The informant victim sustained burn injury and was admitted to Hazaribagh Hospital where the police recorded her fardbeyan and on the basis of the same, Katkamsandi (Pelawal OP) P.S. Case No. 119 of 2007 was registered for the offences punishable under Sections 341, 342, 504, 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and the police took up investigation of the case.
4. After completion of the investigation, police submitted charge sheet against the appellant and the other accused persons for the offences punishable under Sections 342, 307, 504, 498A of the Indian Penal Code as also under Sections 3/4 of the Dowry Prohibition Act and supplementary charge sheet was also submitted against accused Mukesh Sao and Babita Devi. After framing of charge for the offences punishable under Sections 342, 307, 504, 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against the accused appellant on 7.1.2008, separate charges were also framed against the accused Mukesh Sao and Babita Devi in S.T. No. 309 of 2008 for the said offences. Vide order dated 4.8.2008, the record of the accused Mukesh Sao and Babita Devi was amalgamated with the present case.
5. In support of its case, the prosecution has altogether examined 7 witnesses including two Investigating Officers of the case and the doctor who treated the victim informant.
6. P.W.4-Archana Devi is the victim informant of the case. She has stated that about one and half years after her marriage, the appellant and his relatives used to assault her in connection with demand of cash of Rs. 50,000/-, T.V. and almirah. On 3.5.2007 at about 6:00pm her father-in-law, husband and other relatives caught hold of her from back side and the appellant, who is the husband, poured kerosene oil upon her and set her on fire and left the place. She somehow doused water upon herself and fell down and became unconscious. She was brought to the hospital. In her cross-examination, she has stated that the appellant does work of preparing and selling bakery products and she also used to help him in the said work. She is unable to say the date, month or year on which the demand of dowry was made and she was assaulted. At the place of occurrence, her daughter was also present. She does not know who took her to the hospital. She has further stated that during her treatment her in-laws were present in the ho