AMIT TALABDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahadeo Thakur, learned Advocate for the appellant and Mr. Sanjay Kr. Srivastava, learned A.P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 8/5/2013 and order of sentence dtd. 14/5/2013 passed by Seema Sinha, Additional Judicial Commissioner-III-cum-FTC (CAW) Ranchi in Sessions Trial No. 492 of 2012 whereby and whereunder the appellant has been convicted for the offence under Sec. 307/498(A) of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years for the offence under Sec. 307 of the Indian Penal Code along with a fine of Rs.2,000.00 and further has been sentenced to undergo rigorous imprisonment for three years for the offence under Sec. 498 (A) of the Indian Penal Code along with a fine of Rs.2,000.00 and both the sentences were directed to be run concurrently.

(3.) The prosecution story in brief is that the wife of the appellant, namely, Jayanti Talabdar had given her fardbeyan recorded at RIMS, Ranchi on 21/10/2011 in which she has stated that she was living in the house of Ashwani Kumar Sharma on rent alongwith her husband. She has stated that after the marriage being solemnized with the appellant in the year 2004, a son was born to her. She has alleged that the appellant used to behave rudely with her after consuming wine and in spite of the best efforts made by her father and brother-in-law to reconcile the matter, but the appellant continued with his rude behavior. It has been further alleged that in spite of the father of the informant giving an amount of Rs.25,000.00 and Rs.30,000.00 to help in business of the appellant but, behavior of the appellant did not change. It has been alleged that on 11/10/2011 in between 9-10 AM, the appellant came to the house and demanded an amount of Rs.50,000.00 and the informant was also subjected to assault. On refusal of the informant to fulfill the demand made by the appellant from her parents, she was sprinkled with kerosene oil and was set on fire. When she raised an alarm, the appellant out of fear covered her with a blanket and when the people of the locality assembled alongwith the landlord of the appellant, she was taken to Doranda Hospital where the Doctor had referred her to RIMS, Ranchi where the fardbeyan was recorded.