KRISHNA KARAMKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence both dtd. 10/3/2010 passed by the learned Additional District and Sessions Judge-FTC No. I, at Ghatshila in S.T. No. 231 of 2007 whereby and whereunder all the appellants except appellant no.4 were convicted under Sec. 498A, 323 and 313/511 read with Sec. 34 of IPC. Appellant nos. 2 and 3 were further convicted under Sec. 120B of the Indian Penal Code. Appellant no. 4 was convicted only under Sec. 120 B of IPC. Appellant nos. 1, 2 and 3 were sentenced to RI for three years and fine of Rs.2000.00 each under Sec. 498A/34 of the Indian Penal Code and in default to suffer SI for three months each. Appellants no. 1, 2, 3 were further sentenced to undergo RI for one year under Sec. 323/34 of the Indian Penal Code and sentenced to undergo RI for two years under Sec. 313/511 of the Indian Penal Code read with Sec. 34 of the Indian Penal Code. Further, appellant nos. 2,3 and 4 were sentenced to undergo RI for a period of two years for their conviction under Sec. 120 B of the Indian Penal Code and all the sentences were ordered to run concurrently.

(2.) The prosecution case arose out of a complaint case being C/1 Case no. 96/2006 dtd. 18/6/2006 filed by PW-5 informant/complainant Janki Karamkar (Respondent no. 2 herein) filed before the learned Additional Chief Judicial Magistrate, Ghatshila. The prosecution case, in brief, as per the complaint petition is that informant Janki Karamkar was married to Krishna Karamkar (appellant no.1 herein) on 5th of Shrawan month of 2005 as per Hindu rites and rituals. At the time of marriage, sufficient articles were given as gift and after the marriage, informant went to her matrimonial home and for sometimes informant enjoyed conjugal life peacefully. The further case of prosecution is that after four months, informant became pregnant and gradually she was unable to carry out the domestic work for which her mother-in-law and father-in-law, started abusing her. All of sudden, one day her husband appellant no.1 slapped her and asked to bring Rs.5000.00 from her parents in order to purchase a piece of land. Mother-in-law and father-in-law of the informant used to quarrel with the informant and used to say if she does not bring the aforesaid amount of money, then, they will remarry their son with some other girl. The appellant no.1 or the husband of the informant insisted her to get the pregnancy terminated to which she denied, then, her husband forcibly tried to administer medicine for the purpose of miscarriage but any how informant avoided the medicine. Lastly, on 28/6/2006, informant's husband said that he was incapable in providing medical aid in respect of her pregnancy and took informant to her parental home and left her there and thereafter, informant started living in her parental home. In the month of July, 2006, informant came to know that her in-laws were conspiring to remarry the informant's husband appellant no.1 Krishna Karamkar with the appellant no.4 Shankari Karamkar. The informant came to know in the first week of August, 2006, that her husband appellant no.1 had remarried with the appellant no.4 Shankari Karamkar and since then both of them were residing together as husband and wife at the informant's matrimonial home. The father of the informant went to the matrimonial home of his daughter on 13/8/2006 and found appellant no.4 there, to which informant's father objected, then, he was assaulted by appellants. Thereafter, informant's father, informed the mukhiya of the appellant's village, who, advised to go to the police, but, no FIR was lodged by the police and then the present complaint case was filed.

(3.) On the basis of the order of learned ACJM, Ghatsila, FIR being Ghatsila P.S. case no. 104 of 2006 dtd. 20/10/2006 was registered under Sec. 313, 323, 498A, 120B and 494 of IPC against the appellants herein along with Sidan Karamkar and Surukuni Karamkar, who are the father and mother of the appellant no.4 respectively. After investigation charge sheet was submitted and the cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against the appellant no.1, appellant no.2 and appellant no.3 under Sec. 498A/34 and 323/34 and 313/511 of IPC. Separate charge under Sec. 494 of IPC was framed against the appellant no.1. Charge was framed under Sec. 120B of IPC against the appellant no.2 to 4 along with Sidan Karamkar and Surukuni Karamkar. Trial was held and at the conclusion of the trial Sidan Karamkar and Surukuni Karamkar were acquitted of the charges, but, the remaining appellants were convicted and sentenced as aforesaid, hence, this appeal.