PRADEEP KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction dtd. 29/9/2004 and order of sentence dtd. 1/10/2004 passed by the learned 1st Additional Sessions Judge, Dumka in Sessions Case No. 233 of 2002 corresponding to G.R. No. 472 of 2002, T.R. No. 1101 of 2002 arising out of Jama P.S. Case No. 43 of 2002, Dumka, Jhar- khand whereby and where under the appellant Pradeep Kumar Mandal @ Prakash Mandal has been convicted for the offence pun- ishable u/s 304-B, 498-A and 201 of IPC and sentenced to undergo Rigorous Imprisonment for 07 years for the offence under Sec. 304-B of IPC and further sentenced to undergo RI for 03 years and to pay a fine of Rs.2000.00 ( Rupees Two thousand) and in case of default in payment of fine, he was further directed to undergo RI for three months for the offence punishable u/s 498A and further sen- tenced to undergo RI for 03 years and to pay a fine of Rs.2000.00 ( Rupees Two thousand) and in case for default in payment of fine, he was further directed to undergo RI for three months for the of- fence punishable u/s 201 of IPC and it was also directed that all the sentences would run concurrently.

(2.) The prosecution story has arisen in the wake of fardbeyan of Sadhu Mandal (P.W. 8), father of the victim Rita Devi whose state- ment was recorded by the Police on 26/5/2002 at 6:30 hours in the forest area, a lonely place surrounded by Sakhua (sal) tree which is known as Sakhua jungle. Briefly stating the prosecution story as un- folded in the aforesaid fardbeyan of the informant Sadhu Mandal P.W. 8 is as under:-

(3.) The police registered the case upon the statement of the in- formant as Jama P.S. Case No. 43 of 2002 dtd. 26/5/2002 u/s 302/304B/201/34 of IPC, and took up the investigation. After inves- tigation the police submitted charge sheet on 19/8/2002 under sec- tions 302/304-B/201/34 of IPC. The learned C.J.M., Dumka took cognizance on 26/8/2002 and the case was committed to the court of sessions. Learned 4th Additional District Judge, Dumka framed charge on 7/1/2003 under Sec. 304-B/149, 498-A, 201 of IPC and after conducting the full fledged trial passed the impugned judgment of conviction and order of sentence which is under chal- lenge in this appeal.