MAHENDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants are before this Court in appeal against the judgment of conviction and sentence under Ss. 302, 201/34 of the IPC.

(2.) Informant is the brother of deceased. As per the FIR, his sister aged about 22 years had love affair with Brajesh Yadav (appellant no.2) since last one year. In February, 2001, Brajesh Yadav approached him and proposed to marry his sister (deceased). On the wishes of the appellant-Brajesh Yadav and the deceased, he did not raise any objection and the appellant married the deceased and took her to his house and started living together. On 2/5/2001, he performed second marriage, and from 5/5/2001, sister of the informant had gone missing. He along with his family members and relatives went to the house of Mahendra Yadav (father of Brajesh Yadav) and enquired about his sister. On this, it was informed by Mahendra Yadav that the deceased had left home and was since then traceless. On 6/5/2001, a dead body was found in the well which was tied by stone with her Sari to her neck. Informant apprehended that his sister had been done to death by Brajesh Yadav and his father Mahendera Yadav.

(3.) On the basis of the fardbeyan, Khunti (Torpa) P.S. case No.16/2001 was registered under Ss. 302, 201 and 34 of the IPC against these appellants. Police on investigation, found the case true and submitted charge sheet and both the accused persons were put on trial for the offence under Ss. 302/34 and 201 of the IPC.