NIMAY SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the impugned judgment dated 11.02.2010, passed by the High Court of Jharkhand at Ranchi in Criminal Appeal (S.J.) No. 176 of 2001, whereby the High Court has confirmed the judgment and order passed by the Additional Sessions Judge, Pakur in Sessions Trial Case No. 235/1998; 45/1998 dated 09.05.2001 and upheld the conviction of the appellant-accused under Section 498-A read with Section 34 IPC along with other accused persons.

(2.) The present appeal pertains to Nimay Sah, accused no.3, who is the elder brother of the deceased's husband, Gora Sah, accused no. 1. The present appellant-accused has suffered conviction along with accused no. 1, Gora Sah, husband of the deceased and accused no. 2, Nitai Sah, father-in-law of the deceased.

(3.) The deceased, Asha Kumari had been married to accused no. 1, Gora Sah, and had been living in her matrimonial home. As per the prosecution story, she was harassed for demand of dowry of Rs. 10,000/- (Rupees Ten Thousand Only) by the accused persons. This demand was originally made to her father, Devendra Sah (P.W.10), the complainant, at the time of her vidai ceremony. Owing to her complaints of harassment, her father, Devendra Sah (P.W.10), went to her matrimonial home to pacify her in-laws and assured them of payment of the said amount. Eventually when the harassment did not stop, the complainant sent his son, Munna Sah (P.W.8), to the deceased's matrimonial home who brought her back to her parental home.