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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RATNAKER BHENGRA, J.
Koli Mandal S/o Late Dhani Mandal – Appellant
Versus
The State of Jharkhand – Respondent
Cr. Appeal (SJ) Nos. 227, 299 of 2010
Decided On : 26-11-2021
DOWRY - Criminal Appeal - Indian Penal Code, Section 498(A), Section 304(B)/34 - The judgment discusses the prosecution's case against the appellants for dowry demands, assault, and the death of the deceased. The court acquitted the appellants of the charge under Section 304(B)/34 but sustained the conviction of the appellant Bholi Mandal under Section 498(A) of the Indian Penal Code. The court also acquitted the appellant Koli Mandal of the charge under Section 498(A) of the Indian Penal Code.
Fact of the Case:
The case involved the prosecution of the appellants for dowry demands, assault, and the death of the deceased. The prosecution alleged that the deceased was tortured for dowry and that the appellants demanded Rs. 20,000 and assaulted the deceased. The court examined witnesses and found contradictions in their statements.
Finding of the Court:
The court acquitted the appellants of the charge under Section 304(B)/34 but sustained the conviction of the appellant Bholi Mandal under Section 498(A) of the Indian Penal Code. The court also acquitted the appellant Koli Mandal of the charge under Section 498(A) of the Indian Penal Code.
Issues: The main issues revolved around the dowry demands, assault, and the cause of the deceased's death. The court examined the evidence and found contradictions in the witnesses' statements, leading to the acquittal of the appellants of the charge under Section 304(B)/34 and the charge under Section 498(A) for appellant Koli Mandal.
Ratio Decidendi: The court's decision was influenced by the contradictions in the witnesses' statements and the lack of evidence to prove the deceased's death within seven years of her marriage, leading to the acquittal of the appellants of the charge under Section 304(B)/34. The sustained conviction of appellant Bholi Mandal under Section 498(A) was based on the evidence of dowry demands and assault.
Final Decision: The court acquitted the appellants of the charge under Section 304(B)/34 and the charge under Section 498(A) for appellant Koli Mandal. The conviction of the appellant Bholi Mandal under Section 498(A) was sustained, but the court found that he had already served the sentence and discharged both appellants from the liability of bail bonds.
JUDGMENT :
RATNAKER BHENGRA, J.
1. Heard Mr. S.K. Murthy, the learned counsel appearing for the appellants as well as Mr. Sanjay Kumar Srivastava, the learned APP appearing for the State in both cases.
2. These criminal appeals are preferred against the judgment of conviction dated 30.01.2010 and the order of sentence dated 05.02.2010, passed by the learned Additional Sessions Judge, FTC-IX, Giridih in Sessions Trial No. 326 of 2004, whereby and where under, both the appellants were found guilty and convicted under sections 498 (A) and 304(B)/34 of the Indian Penal Code and were sentenced to undergo RI for two years and a fine of Rs. 1000/- each under section 498(A) of the Indian Penal Code and appellants were further sentenced to undergo RI for nine years under Section 304(B)/34 of the Indian Panel Code. In default of payment of fine both the appellants were further sentenced to undergo SI for one month and both the sentences were directed to run concurrently. The sentences already undergone in jail custody were ordered to be set of from the sentence awarded.
3. The prosecution case arose out on the basis of the fardbayan dated 06.11.2001 of the informant PW-9 Dulal Chand Mandal S/o Beni Mandal resident of village Tilaiya Bahiyar, P.S. Dumri, District-Giridih and recorded at 14:30 hours by S.I. M. Hasan of Birni P.S. at village-Karmatand. The case of the prosecution, in brief, is that the informant's sister, Minwa Devi was married five years ago to the appellant Bholi Mandal S/o Dhani Mandal of village Karmatand, P.S. Birni, District Giridih as per Hindu rites and rituals. At the time of marriage they gave Rs. 30,000/- in cash and utensils, cycle, silver ornaments of value Rs 15,000/- . It is further alleged that sometimes one year ago Bholi Mandal, Moti Mandal, Rama Mandal and Kokil Mandal demand Rs. 20,000/- and said at the time of marriage they had given less money. They expressed their inability to fulfill the demand of Rs. 20,000/-. On 15.10.2001 Bholi Mandal as well as his mother and sister Gunjri Devi, Moti Mandal, Kokil Mandal, Rama Mandal and the wife of Moti Mandal had assaulted Minwa Devi and they sent her away along with Rama Mandal to her parental home and they said that they would not keep her in-laws house till the fulfillment of demand and will perform second marriage of Bholi Mandal. On 29.10.2001, the informant along with his sister Minwa Devi, Ram Prasad Mandal, Ishwar Mandal, Loknath Mandal and Jageshwar Mandal went to the matrimonial home of his sister at Karmatand. Informant further stated that matter was managed with help of Tulsi Mandal and other persons of Karmatand and left his sister Minwa Devi in her laws house. Informant further stated that Rs. 5,000/- was given to Moti Mandal and the informant promised to pay the rest amount of Rs. 15,000/- during Holi. On 05.11.2001 at about 05.00 pm, Dhanu Mandal, Sitaram Mandal both of village Dwarpahri and Ganesh Mandal of village Barmasia came at the residence of the informant and told him that his sister Minwa Devi has died. On being asked by the informant as to how she died, they were unable to reply. It was further alleged that on this information, the informant along with Loknath Mandal, Jageshwar Mandal, Bhirtu Mandal, Meghnath Mandal and Ram Prasad Mandal reached to the village Karmatand at about 09:00 pm. They saw Minwa Devi was lying on a cot inside the house at Varenda and she was dead. They saw injuries on her neck, back and near right ear and seeing them his brother-in-law and family members of in-laws house fled away. It is further alleged that Arjun Mandal of village Khedwara, Dumar Mandal of village Barmasia and some people of village- Karmatand disclosed that the accused persons Bholi Mandal, Moti Mandal, Koli Mandal, Rama Mandal, mother of Bholi Mandal, sister Gunjri Devi and wife of Moti Mandal had assaulted Minwa Devi at about 4.00 am in the morning and they administered her poison as a result of which Minwa Devi died.
4. On the basis of the far
The main legal point established in the judgment is the importance of corroborated evidence in cases involving dowry demands and assault, as well as the requirement to prove the deceased's death with....
The main legal point established in the judgment is the court's reliance on consistent and trustworthy testimonies to establish the demand of dowry, cruelty, and harassment, leading to the conviction....
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Sections 304-B and 498-A IPC.
The burden of proof lies on the prosecution to establish the essential ingredients of the offence, and the accused must be given the opportunity to prove their innocence. Medical and circumstantial e....
General allegations without specific evidence are insufficient for conviction under Section 304B of IPC; however, a dowry demand and unnatural death within seven years justify conviction.
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
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