ALOK KUMAR BEHERA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 18/5/2022 and order of sentence dtd. 21/5/2022, passed by Shri Radha Krishan, Additional Sessions Judge-1st -cum-Special Judge-cum-FTC, Ramgarh in S.T. Case No. 10 of 2017 arising out of Patratu (Bhurkunda) P.S. Case No. 261 of 2016 corresponding to G.R. No. 1068 of 2016, holding the appellant Alok Kumar Behera guilty for the offences under Sec. 302 and 498-A of the Indian Penal Code and thereby sentencing him to undergo imprisonment for life along with a fine of Rs.5,00,000.00 for the offence under Sec. 302 of the Indian Penal Code. In default of payment of fine, he was further directed to undergo R.I for four years. He has been further sentenced to undergo R.I for three years along with a fine of Rs.20,000.00 for the offence under Sec. 498-A of the Indian Penal Code. In default of payment of fine, he was further directed to undergo R.I for nine months. Both the sentences were ordered to run concurrently.

(2.) Prosecution case was instituted on the basis of a typed report of the Informant Madhusudan Mahunta, alleging therein that his daughter Kshirabdhi Tanaya Mahunta was married to the petitioner Alok Kumar Behera who was working as a Senior Manager in Birsa Mines of CCL. Their marriage was solemnized on 29/1/2005. The appellant had two children from the wedlock. After their marriage, there was demand of Rs.5.00 lakh and other articles as dowry. To enforce the demand, Kshirabdhi Tanaya Mahunta was tortured. On 30/7/2016, the appellant Alok Kumar Behera assaulted the deceased, due to which, she went to her parental house. Subsequently, on 29/8/2016, at the request of the appellant, the Informant sent his daughter to her matrimonial home. On 17/9/2016 at about 5.30 a.m., granddaughter of the Informant called him and informed him that her mother has been murdered by the appellant. Accordingly, First Information Report was registered.

(3.) After investigation, police found the occurrence to be true and submitted charge sheet against the appellant under Sec. 302/120-B/498-A of the Indian Penal Code. Cognizance was taken by the court of Shri Prem Shanker, learned Judicial Magistrate, 1st Class, Ramgarh under the aforesaid Sec. . Case was committed to the court of sessions on 5/1/2017, as the case was exclusively triable by the court of Sessions. Charge was framed against the appellant under Sec. 302, 120-B and 498-A of the Indian Penal Code on 15/2/2017. Contents of charge was read over and explained to the appellant in Hindi, to which he pleaded not guilty and claimed to be tried.