IMPORTANT POINT
The court affirmed the conviction for dowry death under Section 304B IPC while setting aside the murder conviction under Section 302 IPC due to insufficient evidence.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and Mr. Sardhu Mahto, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 02-03-2017 (sentence passed on 10-03-2017) passed by Shri M.C. Verma, learned Additional Judicial Commissioner-I-cum Special Judge, Ranchi in connection with S.T. No.56 of 2015 by S.T. No. 57 of 2015, whereby and whereunder the appellant has been convicted for the offence under section 302 and 304B I.P.C. and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5000/- for the offence under Section 302 IPC, and in case of non-payment of fine, to undergo simple imprisonment for 6 months, and rigorous imprisonment for 10 years for the offence under section 304B I.P.C. Both the sentences are to run concurrently.

3. The prosecution case arises out of the fardbayan of Afzal Ansari in which it had been stated that in the year 2010, he had performed the marriage of his daughter as per Muslim rites and customs with Jamil Ansari(appellant). After marriage, for about a year, his daughter was kept properly by her husband. However, after one year, the parents of Jamil Ansari, his brother and uncle for some reason or the other used to mentally and physically commit torture. It has been alleged that Jamil Ansari was pressurizing the daughter of the informant to bring Rs.1 lakh in cash and a Pulsar motorcycle instead of the CD-Dawn motorcycle given to him as dowry. The daughter of the informant was under mental tension due to the demand and torture, as stated by her, when she came to her parental house. About 2-3 days back, the daughter of the informant was sent back to her matrimonial house along with her brother. It has been alleged that, last night, the informant had come to know that the husband and in-laws of the daughter of the informant have strangulated her to death.

Based on the aforesaid allegations, Mander P.S. Case No. 77/2014 was instituted against Jamil Ansari, Israil Ansari, Ayesha Khatoon, and Ismail Ansari under Sections 302/304B/498A/34 I.P.C. On completion of investigation, separate charge sheets were submitted against Jamil Ansari, Israil Ansari and Ayesha Khatoon leading to separate cognizance orders and separate commitments to the Court of Sessions where they were numbered as S.T. No. 56 of 2015 and S.T. No. 57 of 2015. Vide order dated 30.06.2015, both the session trials were amalgamated. Charge was framed against the accused for the offence under Section 302/304B/34 IPC which were read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as 10 witnesses in support of its case:

P.W.1 Tanish Akhtar is the uncle of the deceased Nasima Khatoon, who has stated that her marriage was solemnized with Jamil Ansari in the year 2010. She was kept well for one year but thereafter there was a demand of Rs. 1 lakh and a Pulsar motorcycle in place of CD-Dawn. An attempt was made at a compromise and a Panchayat was also held and the deceased was sent back to her matrimonial house. However, the in-laws of Nasima started quarrelling and persisted with their demand of Rs. 1 lakh and a motorcycle. About a week prior to the incident, Nasima had come back to her matrimonial house from her parental house. It was a Sunday when Nasima had returned back to her matrimonial house and on the next day he received an information that Nasima Khatoon has suffered injuries on account of a fan falling on her. At this information he, the parents and brother of Nasima went to her matrimonial house where they saw Nasima Khatoon lying dead and though there were no signs of injury on her body, but in the neck there were signs of five fingers which led to a conclusion that she was strangulated. The Police was informed, who came and prepared an inquest report of the deceased Nasima Khatoon in which he had signed as a wit