AKASH VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed under Sec. 430(1) (2) of B.N.S.S., 2023 for suspension of sentence of the appellant dtd. 29/11/2024 passed in Session Trial Case No.134 of 2020 arising out of Chandrapura P.S. Case No.73 of 2018 by the learned Additional Sessions Judge-II, F.T.C. (C.A.W.), Bermo at Tenughat whereby and whereunder, the appellant has been sentenced to undergo R.I. for 10 years for the offence under Sec. 304-B/34 of the Indian Penal Code and R.I. for 02 years with fine of Rs.5,000.00 for the offence under Sec. 498-A/34 of the Indian Penal Code.

(2.) The case of the prosecution, as per written report of informant father of the deceased, in brief is that marriage of his daughter namely Pinky Kumari was solemnized with accused Akash Kumar Verma on 11/7/2016 according to Hindu rites and customs. After the marriage, the deceased remained well at her matrimonial home for about 3-4 months, but thereafter, her husband and other in-laws started demanding Rs.1,50,000.00 as dowry for opening a Poultry Form. Thereafter, informant paid Rs.25,000.00 to the husband of deceased, but again after a month or two, husband of deceased telephonically demanded money for treatment of deceased and the informant again paid Rs.2,000.00 to the husband of deceased. Thereafter, on several occasions. husband of deceased demanded money from the informant and when the informant could not fulfill the demand of accused persons, they started harassing and torturing the deceased in various ways. When the informant came to know about the same, he sent his maternal uncle Shiv Shankar Mahto and Sewa Mahto to the matrimonial home of the deceased to pacify the in-laws of the deceased. Thereafter, the deceased remained well for about a month and thereafter, when the informant sent his father to the matrimonial home of the deceased to know about her condition, the deceased showed her desire to come to her parental home whereupon, father of informant brought the deceased to her parental home and during her stay, the deceased told to her mother that her husband is in illicit relation with his bhabhi. When the informant came to know about this fact, he tried to investigate into the matter upon which, husband of deceased assaulted the deceased due to which, she sustained injury on her head. It has been further alleged that on 31/8/2018 at about 10 A.M., accused Bijli Devi, Akash Kumar Verma, Damodar Mahto and Mahru Mahto, by hatching a conspiracy, killed the deceased.

(3.) Mr. Rajesh Kr. Mahtha, learned counsel appearing for the appellant, has submitted that the interlocutory applications seeking suspension of sentence were filed earlier twice but were not pressed, as would appear from the order dtd. 31/1/2025 (I.A. No.1006 of 2025) and order dtd. 27/8/2025 (I.A. No.8136 of 2025).