ABHIMANYU AHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals arise out of the same impugned judgment dtd. 30/3/2016, passed by Md. Taufiqul Hassan, Additional Judicial Commissioner-XI, Ranchi in Sessions Trial No. 540/2013 arising out of Sonahatu (R) P.S. Case No. 33/2013 corresponding to G.R. No. 2139/2013, whereby and wherein, the learned Additional Judicial Commissioner-XI, Ranchi held the appellant Anand Ahir (Cr. Appeal No. 362/2016) guilty of the offences under Sec. 498-A and 306 of the Indian Penal Code and sentenced him to undergo R.I for two years along with a fine of Rs.1,000.00 for the offence under Sec. 498-A of the Indian Penal Code and R.I for six years along with a fine of Rs.5,000.00 for the offence under Sec. 306 of the Indian Penal Code. In default of payment of fine, appellant Anand Ahir was further directed to undergo R.I for six months for the offence under Sec. 498-A of the Indian Penal Code and R.I for one year for the offence under Sec. 306 of the Indian Penal Code. Both the sentences were ordered to run concurrently. The period already undergone by the appellant Anand Ahir during the trial was ordered to be set off.

(2.) The appellant Abhimanyu Ahir in Acquittal Appeal No. 35/2018 has contested the aforesaid judgment passed by Md. Taufiqul Hassan, Additional Judicial Commissioner-XI, Ranchi holding the appellant Anand Ahir in Cr. Appeal (SJ) No. 362/2016 guilty of the offences under Sec. 306 and 498-A of the Indian Penal Code and not for the offence under Sec. 302 of the Indian Penal Code. He has prayed that the judgment dtd. 30/3/2016 be modified and the appellant Anand Ahir be held guilty of the offence under Sec. 302 of the Indian Penal Code, instead of Sec. 306 of the Indian Penal Code and the order of sentence dtd. 31/3/2016 be enhanced accordingly.

(3.) Prosecution case was instituted on the basis of the written report of the Informant Abhimanyu Ahir, alleging therein that his daughter Suchita Devi was married to the appellant Anand Ahir in the year 2001. There was no issue from the wedlock. After 13 years of the marriage, the appellant Anand Ahir took his wife Suchita Devi and left her at her father's house. On query, his daughter told him that Anand Ahir was demanding a motorcycle and one lakh rupees. On 18/4/2013, the appellant Anand Ahir returned and took his wife back to her matrimonial home. On 27/4/2013, Suchita Devi called the Informant and told him that the appellant was abusing and assaulting her. On the next day i.e. 28/4/2013, the Informant received information that his daughter Suchita Devi has died. He went to her matrimonial home and saw her dead body lying on the cot. Appellant Anand Ahir told him that she had committed suicide by hanging.