ABHIRAM MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Sole appellant is before this Court against the judgment of conviction and sentence under Sec. 302 of the IPC.

(2.) Informant is the father of the deceased, who was married to the appellant in 1985. As per FIR after four years of the marriage, her father-in-law (Bechan Mandal) had made improper sexual advance towards her on several occasions. This was complained by her to relative Nitai Mandal, who chastised the appellant as well as his father regarding this conduct. Since then, the appellant and other in-laws used to subject her cruelty and when the informant wanted Bidai of his daughter, it was refused by them. In April, 1992, with the help of police, she was brought back to parental home and after some time, she returned to her matrimonial home. It is alleged that there was no thaw in relationship and the harassment continued. Deceased was again ousted from the matrimonial home and then she started living with the appellant separately at village- Kanhaiyasthan. The harassment and assault continued there also. On 14/3/1994, appellant killed her with a sharp cutting weapon.

(3.) On the basis of the fardbeyan, Rajmahal P.S. Case No.48/94 was registered under Ss. 302/120B of the IPC against appellant and other in-laws. Police on investigation submitted charge sheet under Ss. 302/120B and 109 of the IPC against Bechan Mandal and Abhiram Mandal, who were put on trial for the offence under Ss. 302/120B of the IPC. Learned trial Court acquitted Bechan Mandal and convicted present appellant against which appeal has been preferred.