Bisheshwar Manjhi and Bibhuti Manjhi vs The State of Jharkhand

Pradeep Kumar, J.—This appeal is directed against the judgment of conviction and order of sentence dated 13.8.2002 passed by Sri Nagendra Kumar, 2nd Additional Judicial Commissioner, Khunti in Sessions Trial No. 77 of 2000, by which judgment he found the appellants guilty u/s 304(B)/ 34 of the Indian Penal Code and sentenced them to undergo 10 years.

It is submitted by the learned Counsel for the appellants that the victim died due to diarrhea, has been supported by the prosecution witnesses i.e. P.Ws. 5 & 6. In that view of the matter, the appellants'' conviction under Sections 304(B)/ 34 of the Indian Penal Code is bad in law and fit to be set aside.

On the other hand, learned Counsel for the State has supported the finding and stated that all the witnesses have stated that the victim girl was being tortured for dowry and just after one year of the marriage she came to her parents house and later on both the appellants took her back to his house and within one week she was done to death. The doctor has also found that it was a case of poison although the viscera report has not been brought.

The defence has failed to prove the defence of diarrhea and have not led any evidence to discharge their onus as to how she died within one year of the marriage and as such the presumption u/s 113-B of the Evidence Act is against the both the appellants.

After hearing both the parties and going through the record, I find that the prosecution has started on the basis of a Fardbeyan given by P.W.8, Shib Shankar Manjhi (informant) stating therein that his sister was married with the appellant No. 1, Bishwshwar Manjhi one year before and they had given 50,000/- rupees as also ornaments and utensils at the time of marriage as dowry, but after sometime of the marriage the husband, father-in-law and mother-in-law started assaulting Rekha Devi for more dowry. The informant gave Rs. 4000 from time to time. In spite of this his sister was being tortured continuously and the informant stated that before 8-10 days of the occurrence his sister came to Naihar and stated that she was being tortured badly and she will not go back, but on the next day his husband and father in law both came and took away his sister. But on 8.8.99 his sister was done to death. It is alleged in the F.I.R. that probably by strangulation she was done to death.

On the basis of said Fardbeyan the police registered a case u/s 304(B)/ 34 of the Indian Penal Code and after investigation the police submitted charge-sheet u/s 304(B)/ 34 of the Indian Penal Code. Since, the case was exclusively triable by a Court of Sessions the learned Chief Judicial Magistrate after taking cognizance of the case committed the same to the court of sessions where after framing of the charge the trial was held and the appellants were found guilty as aforesaid. However, giving benefit of doubt the learned trial court acquitted the mother in law of the deceased.

It appears that in course of trial the prosecution has examined 12 witnesses. P.W.8, Shivshankar Manghi has fully submitted the prosecution case in court and stated that his sister, Rekha Devi was married with appellant No. 1, Biseshwar Manghi one year before and he had given 50,000/- rupees along with ornaments and utensils at the time of marriage, but after sometime her husband, father in law and mother in law started torturing and assaulting his sister for more dowry. He further stated that before 8-10 days of occurrence his sister came to Naihar and stated that she will not go to her sasural due to torture, but on the next day his husband and father in law both came and took away his sister. Thereafter the informant was informed by one Mahabir Manjhi that his sister Rekha died on 8.8.99. On this, the informant and his uncle Shanti Ram went to in-laws house of her sister where they found that his sister is dead and dead body was brought to Angan and there was none any member of the family and water like blood was coming from her mouth. Then, the information was made to the police. He proved his signature on this, which are Exts. 1 1/1 & 1/2.

In his cross-examination, he stated that he had gone to the sasural of his sister on a traker, the dead body was sent for post-mortem examination to Ranchi. He further stated that after marriage of his sister she never lived happily in the house of his brother-in-law. The evidence of P.W.8 has fully been supported by the evidence of P.Ws. 1, 2 and 3 and the other P.Ws. 7 & 8 have also supported the prosecution case and stated that the victim girl used to be tortured for dowry. Before 8-10 days of occurrence his sister came to Naihar and stated that she will not go to her sasural due to excessive, torture, but on the next day her husband and father in law both came and took away his sister and just within one week she died at her sasural.

P.W.4, Durga Sharan Manghi and P.W.5, Sora Uraon have tried to support the defence version of diarrhea and stated that she died of diarrhea and she was ill for 2/3 days and also stated that doctor was called, but he did not come.

P.W.6, Shivcharan Uraon was tendered.

It is important to note that the evidences of the doctor and Investigating Officer. The doctor, who examined and conducted the postmortem examination on the dead body of the deceased, Rekha Devi. He found that all the internal organs were congested and stomach and large intestine were empty. He also stated in para 3 that congestion of the organs may be caused by poison. He also stated, in his cross-examination, that the stomach and large intestine were empty due to reason of diarrhea and vomiting. It is common, knowledge that in case of poison and also vomiting and diarrhea which takes place the victim girl was ill for 2-3 days, out she was not taken to the hospital not she was shown to any doctor He also found that her organs were congested and congestion of the organs may be caused by poison as has been also discussed in the medical jurisprudence, in that view of the matter, it is a case where the victim girl was taken back from Naihar by the two appellants and after that she was done to death by poison. The appellants have tried to explain the same by saying that it was a case that the deceased died due to diarrhea, but they have not taken her to hospital nor any medical aid was given, hence she died within one year of her marriage.

In that view of the matter, I find that it is a full proof case where the trial court has rightly found both the appellants guilty u/s 304(B)/ 34 of the Indian Penal Code, hence I find no merit in this appeal and the same is accordingly dismissed.

The appellants are on bail Their bail bonds are cancelled. The lower court is directed to issue warrant of arrest for serving the sentences.