JUDGMENT :

Navneet Kumar, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 01.07.2004 passed by the learned 9th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 261 of 2001 whereby the learned trial court after finding the guilt of the accused persons for the offence punishable u/s 498-A of IPC, convicted and sentenced them to undergo S.I. for a period of one year and a fine of Rs. 100/- each and in default of payment of fine they were directed to undergo for SI for one month.

2. The prosecutions story arose in the wake of fardbeyan of one Sanichar Yadav (P.W.7), the father of the deceased. The statement was recorded by S.I. of Bakratha Police Station in the District of Hazaribagh on 13.08.2000 at 11.30 hours. The statement of Sanichar Yadav, the informant, is as follows:

That the daughter Suma Devi of the informant got married with Baijanath (not made accused) 9 yrs ago and thereafter she was kept two years properly in her matrimonial house, later on her in-laws people Gangiya Devi (appellant no.1), Gobardhan (deceased appellant died during the pendency of the appeal and his name was deleted after abatement) and husband’s younger brother Yuglal (Appellant no. 2) tortured her under the garb of accusing her that she has brought ghost (evil spirit) from her paternal house, due to which his family was being harassed and animals were dying and also the problem of child birth taking place in the family and one Kaila Rana (not as appellant before this Court although he was convicted and sentenced for the offence punishable under section 352 of IPC) of the said village was practicing exorcism i.e. to release the supposed evil spirit from her. The said informant’s daughter was under the effect of evil spirit and that said ghost-evil spirit was belonging to her parental house and due to such impression of the said Kaila Rana, the members of her matrimonial house (appellants) were convinced about the presence of evil spirit in her and in the absence of her husband, who was living in Calcutta, the family members used to torture her, due to such torture she took shelter in her parental house but after being persuaded she was sent back to her matrimonial home (Sasural). It has further been stated by the informant that on 13.08.2000 one Horil Yadav who happened to be maternal grandson of informant reached to him and narrated that the dead body of Suma was lying inside the well. On getting this information, the informant went to village-‘Barwan’ and made query and came to know that in the preceding night the said ojha (evil spirit healing/witch doctor) Kaila Rana did the act of exorcism upon the deceased Suma in presence of her in-laws and husband’s younger brother and when Suma protested, all of them tortured and assaulted her due to which she, under compulsion of such torture, jumped into the well and thereby committed suicide. The informant alleged that the in-laws people including mother-in-law, father-in-law and brother-in-law (dewar) under the garb of branding her as ghost-evil/witch used to cause torture and harass her due to which she committed suicide by jumping into the well.

3. On the basis of the aforesaid fardbeyan, FIR was lodged, the case was registered under sections 306/34 of IPC against the accused and investigation was taken up. After investigation, the police submitted charge sheet in this case, on the basis of which, cognizance of the offence was taken and the case was committed to the Court of Sessions and after the conclusion of trial, learned trial court passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.

4. It appears from the record that the appellant no.1-Gowardhan Yadav died during pendency of this appeal and none of his close relative came forward to continue this appeal and hence this appeal was abated with respect to this appellant and his name has been deleted from the cause title of memo of appeal.

5. Heard