SAHADEO HEMBRAM AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shree Prakash Jha, learned counsel for the petitioners and Mrs. Vandana Bharti, learned A.P.P., for the State.

(2.) This application is directed against the judgment dated 9-5-2005 passed in Cri. Appeal No. 125/1993/138/2005 by the learned IInd Additional Sessions Judge, Fast Track Court Jamtara, whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate 1st Class, Jamtara on 6-7-1993 in PCR Case No. 239/1990, convicting the petitioners for the offences u/Ss. 498-A, 379 and 323 of the Indian Penal Code has been affirmed save and except Section 498-A of the Indian Penal Code from which the petitioner No. 2 had been acquitted by the learned appellate Court.

(3.) The allegation levelled in the complaint petition reveals that the comlainant was married to the petitioner No. 1 and a son and daughter was born out of the said wedlock. It has been stated that the son had since died and the daughter was married. It is alleged that on 5-4-1989 the petitioner No. 1 brought a young women (petitioner No. 2) to the house and the complainant could come to know that the petitioner No. 1 had illegally solemnized marriage with the petitioner No. 2. It has been alleged that both the petitioners started torturing the complainant mentally and physically and on 10-12-1989 the accused persons snatched the ornaments of the complainant and drove her out from the house. It has also been alleged that a panchayati was called but it had no effect on the accused persons and ultimately she filed PCR Case No. 406/89 in which cognizance was taken. It is alleged that the matter was compromised and the complaint case came to an end. For some time peace prevailed but once against petitioner No. 2 started residing with petitioner No. 1 and torture started. It has been alleged that the matter was reported to the Police and a case was also instituted but the petitioner has obtained an order of discharge from the Court of S.D.J.M., Jamtara. Further allegation has been levelled that on 2-9-90 the petitioner No. 1 expressed his willingness to settle the matter and asked the complaint to come to his house. It is alleged that when she went she found the petitioner No. 2 also and both started assaulting the complaining and they had also tried to put night soil in her mouth but somehow she managed to escape.