LAWS(JHAR)-2021-11-35

SHANKAR RAM Vs. STATE OF JHARKHAND

Decided On November 02, 2021
SHANKAR RAM Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Pushpa Devi was married to Shankar Ram in the year 1983. She was found dead on 29/8/1997 in her matrimonial house at village-Kargali Gate. A written complaint was given on 30/8/1997 to the officer-in-charge of Bermo PS in which her brother Awadh Kishore Singh made allegations of harassment and torture of Pushpa Devi at the hands of her husband, mother-in-law and Pramod Ram.

(2.) Bermo PS Case No. 116 of 1997 was registered under Sec. 302/34 of the Indian Penal Code against Shankar Ram, Pramod Ram and Sita Devi. The investigating officer submitted Final Form on the ground of mistake of facts but on the basis of a protest petition filed by the informant, CP Case No. 184 of 2000 was registered in which Kishun Ram, Mangru Ram and Kaushalya Devi were also arrayed as accused persons. After inquiry under Sec. 200 of the Code of Criminal Procedure, all six accused persons were issued summons to face the trial and the case was committed to the Court of Sessions vide order dtd. 27/8/2004.

(3.) In S.T. No. 269 of 2004, Kishun Ram, Kaushalya Devi and Mangru Ram were discharged vide order dtd. 4/12/2004 but against Shankar Ram, Pramod Ram and Sita Devi a charge under Sec. 302/34 of the Indian Penal Code was framed vide order dtd. 4/1/2005. The records would reveal that the substance of charge was read over and explained to the accused persons who pleaded not guilty and claimed trial.