Kaushalya Devi And Ors vs State Of Jharkhand

Heard learned counsel for the appellants and the learned counsel for the State on the Interlocutory Application filed by the appellants for granting bail

during the pendency of this appeal.

The appellants have been convicted and sentenced for the offence under Section 304-B of the Indian Penal Code on the allegation that they had

subjected the deceased to cruelty and torture for the demand of dowry and committed her dowry death by to burning.

The appellant No.1, Kaushalya Devi @ Shushila Devi is the mother-in-law of the deceased and the appellant Nos. 2 & 3, Guriya Devi & Raju Singh

are the sister-in-law and her husband.

In the facts of this case, we are not inclined to release the appellant No.1, Kaushalya Devi @ Shushila Devi, being the mother-in-law of the deceased,

on bail. Accordingly, her prayer for bail is hereby, rejected.

So far as the appellant Nos. 2 & 3, Guriya Devi, the sister-in-law & her husband Raju Singh are concerned, we are inclined to release them on bail.

Accordingly, the appellants, named above, are directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of

Rs.10,000/- (ten thousand), each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-XII- cum-F.T.C.

(Crime against Women), Dhanbad, in connection with Sessions Trial Case No. 160 of 2010.

The aforesaid Interlocutory Application stands allowed in part. Cr. Appeal (D.B.) No. 566 of 2020

The impugned Judgment shows that the death of the deceased was caused by burning and she had died due to more than 85% burn injuries. The

theory of accidental death due to bursting of the stove has been ruled out by the Trial Court, as the stove was seized by the police and found to be in

good / proper condition. Still, the appellants have been sentenced to undergo R.I for ten years with fine for the offence under Section 304-B of the

Indian Penal Code.

In the facts of this case, we notice the appellants for enhancement of the sentence, through their advocate and also through the Superintendent of the

concerned jail, which should be served upon the appellants, who have been allowed bail, before they are released.