GARHWA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have been convicted for committing offence under Sections 498A and 304B of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 2 (two) years and 8 (eight) years respectively vide judgment dated 29.11.2002 and order of sentence dated 02.12.2002. Aggrieved by the said judgment passed in Sessions Trial No.319 of 1999(P), leading to Sessions Trial No.987 of 2001(G), arising out of Bhawanathpur P.S. Case No.73 of 1998 (G.R. No.767 of 1998), the appellants have preferred these criminal appeals.

(2.) The case was instituted on the basis of fardbayan of Basant Ram (P.W.9) - the father of the deceased, alleging therein that four years prior to the date of occurrence, his daughter was married with accused No.2. It is alleged that often there was quarrel and altercation between the in-laws and his daughter and his daughter was abused and assaulted also on the pretext of not doing any work. On 10.12.1998, one Shambhu Ram came and informed the informant that his daughter has been killed. On receipt of said information, the informant rushed to the place of occurrence and found his daughter lying dead in the Aangan. On querry, he learnt from Shambhu Ram and others that because of domestic matters and displeasure of the family members, they abused and assaulted the deceased by means of Lathi and after murdering her they fled away from the place of occurrence.

(3.) On the basis of aforesaid fardbayan Bhawanathpur P.S. Case No.73 of 1998 was registered under Sections 302/34 of the Indian Penal Code against these two appellants along with others. After investigation, chargesheet was submitted against these two appellants only, who happened to be the husband and father-in-law of the deceased for charges under Sections 498A and 304B/34 of the Indian Penal Code. Cognizance was taken and the case was committed to the Court of Sessions. As the accused persons pleaded not guilty, they were put on trial after framing of charge under Sections 304/34 and 498A of the Indian Penal Code.