NAGENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) The appellant has been convicted for offence under Sec. 498A of the Penal Code and sentenced to undergo rigorous imprisonment for two years.

(3.) The prosecution case, as alleged in the fardbeyan, is that the victim America Devi, niece of the complainant, was married with Nagendra Mahto about eleven years back and was blessed with a son aged 6-7 years. It is, further, alleged that said appellant, Nagendra Mahto, solemnized his second marriage with one Usha Devi on 17.02.1991. America Devi filed a petition under Sec. 125 of the Code Criminal Procedure as well as a case under Sec. 498 A of the Penal Code, but, both the cases were compromised at the instance of the panches. It is alleged that the complainant got information that the appellant is not giving maintenance and the medicines and when informant went to enquire then it was informed that America Devi has fled away and on enquiry the informant could not ascertain and it is alleged that the accused persons have done her to death.