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IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 1770    OF 2011

(Arising out of SLP(Crl.) No.2950/2010)

RASH BEHARI PAL                            Appellant(s)

                    :VERSUS:

STATE OF JHARKHAND                         Respondent(s)

O R D E R

1. Leave granted.

2. This appeal has been preferred against the  

judgment and order dated 11.11.2009 passed by the  

High Court of Jharkhand at Ranchi in Criminal Appeal  

No.580 of 2002 whereby the High Court upheld the  

conviction and sentence of the appellant awarded by  

the Trial Court and dismissed the appeal filed by  

the appellant.  

3. Brief facts of this case are recapitulated as  

under:

One Anil Kumar Chandra son of late Narendra Nath  

Chandra, resident  of Sarani,  P.S. Tundi,  District  

Dhanbad  gave  his  fardbeyan  at  Village  Dumaria  to

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C.B. Singh, ASI, P.S. Bindapathar, stating that his  

daughter  was  married  to  Ras  Bihari  Pal  son  of  

Triveni Pal in 1996. In the beginning, the relation  

between them was cordial but after some time, her  

in-laws  started  demanding  money,  TV,  etc.  and  

started torturing his daughter Rita. On 10.09.1999  

her daughter Rita was killed by setting her on fire  

by  her  husband  Rash  Bihari  Pal,  father-in-law  

Triveni Pal, mother-in-law Paroli Pal, brother-in-

law Dasu Pal,  Sadhan Pal, Nimai Pal and Uttam Pal.  

4. On the basis of the fardbeyan, an FIR was  

registered  on  11.09.1999  at  Police  Station  Nala  

Bindapathar,  Sub  Division  Jamtara,  District  Dumka  

and after investigation, charge-sheet was submitted  

against the appellant Rash Bihari Pal and four other  

persons.  After  taking  cognizance,  the  case  was  

committed to the Court of Sessions for trial. The  

Court of 1st Additional Sessions Judge, Jamtara after  

examining the prosecution and the defence evidence  

brought on record, vide its judgment and order dated  

7.9.2002, convicted the appellant under Section 304B  

of the Indian Penal Code (“IPC”) and sentenced him  

to undergo rigorous imprisonment for eight years.  

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5. Aggrieved by the aforesaid judgment and order  

of conviction passed by the 1st Additional Sessions  

Judge, Jamtara, the appellant filed an appeal before  

the  High  Court  of  Jharkhand.  The  High  Court  

dismissed  the  appeal  filed  by  the  appellant  and  

upheld the conviction and sentence of the appellant  

as  awarded  by  the  1st Additional  Sessions  Judge,  

Jamtara.  

6. The appellant approached this Court by filing  

special leave petition. This Court issued notice to  

the State limited to the quantum of sentence. The  

State of Jharkhand has filed its counter affidavit.  

We have perused the same.     

7. The  evidence  on  record  clearly  establish  

demand  of  dowry,  harassment  and  torture  by  the  

appellant.  The deceased Rita Pal had suffered 90%  

burn  injury.  There  being  sufficient  evidence  on  

record,  the  Trial  Court  has  rightly  found  the  

appellant  guilty  of  the  offence  punishable  under  

Section 304B IPC.  

8. Though we are of the considered view that the

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appellant has rightly been convicted under Section  

304B IPC, but in the facts and circumstances of this  

case, we deem it appropriate to reduce the sentence  

of the appellant from eight years to seven years.  

The judgment and order passed by the Trial Court and  

the impugned judgment of the High Court are modified  

to the aforesaid extent. The appeal is accordingly  

disposed of.    

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; September 9, 2011.