RAM SAHAY YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present criminal appeal is directed against the judgment of conviction and order of sentence dtd. 29/3/2006 passed by learned Additional Sessions Judge, FTC, Koderma in S.T. No. 539(A) of 1999, whereby and whereunder the appellant has been held guilty for the offence under Sec. 328, 498A and 306 of the I.P.C. and sentenced to undergo R.I. for 05 years for the offence under Sec. 306 I.P.C. along with fine of Rs.1,000.00, R.I. of 03 years along with fine of Rs.5,00.00 for the offence under Sec. 498A I.P.C. and R.I. for 5 years along with fine of Rs.5,00.00 for the offence under Sec. 328 of the I.P.C. with default stipulation. All the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal is that informant's daughter Dewanti Devi was married before 7-8 years with one Dhanpat Yadav in accordance with Hindu rites and customs. It is alleged that after marriage, the husband and wife were living in very good and cordial atmosphere for 3-4 years, but there was no issue to the informant's daughter. It is further alleged that due to no issue, informant's daughter was being subjected to cruelty and tortured both mental and physical by in-laws family members. The informant convened Panchayati 3-4 occasions to mend the conduct of the accused persons, but no virtual result yield. It is further alleged that on 6/5/1999, the son-in-law of the informant and his brother Ram Sahay Yadav (present appellant) had brutally assaulted the informant's daughter while she was insisting to go to her parental home. Thereafter, again on 9/5/1999, the informant's son-in-law Dhanpat Yadav and his brother Ram Sahay Yadav (present appellant) committed murder of his daughter and the information was given by the present appellant to the informant on 10/5/1999 at about 5:00 A.M.