SAKLI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 30/1/2006 passed by learned Additional Sessions Judge, Fast Track Court-9, Giridih in Sessions Trial No. No. 33 of 1992, whereby and whereunder the appellant has been held guilty for the offence under Ss. 498A, 304B and 201/34 of the I.P.C. and sentenced to undergo R.I. of three years and a fine of Rs.1,000.00 for the offence under Sec. 498A of the I.P.C. with default stipulation and further sentenced to undergo R.I. for seven years for the offence under Sec. 304B of the I.P.C. and further sentenced to undergo R.I. for three years for the offence under Sec. 201/34 of the I.P.C. All the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal is that the informant, Baldeo Hazra, who is the brother of the deceased had lodged FIR stating therein that the deceased Mina Devi was married with Indradeo Hazara according to Hindu rites and rituals in the year 1987. Dowry and gifts were given to the brother- in-law, Indradeo Hazara, but he was not satisfied. Indradeo Hazara (husband), mother-in-law, father-in- law and nanad (sister-in-law) of the deceased used to torture the deceased in various ways and due to which, the deceased was often sent back to her naihar (parental house). The deceased, after her marriage remained in her matrimonial home for six months and thereafter, she was sent to her naihar by her husband after being assaulted by him. After four months, the father-in-law along with husband of the deceased went to the naihar of the deceased for 'Bidai', then the informant sent the deceased back with them on the day of "Vijaya Dashmi". From the date when the deceased had gone to her matrimonial home, the demand and torture were still persistent.