RISHA MANJHI @ RISA MAJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 29th November, 2006 passed by the learned Additional Sessions Judge, Fast Track Court No. I, Ghatsila in Session Trial No. 339 of 2002, by which the appellants have been found guilty for the offence under Sections 498A/34 and 323/34 of the Indian Penal Code and accordingly, they have been sentenced to undergo rigorous imprisonment for two years for the offence under Sections 498A/34 of the Indian Penal Code and rigorous imprisonment for six months for the offence under Section 323/34 of the Indian Penal Code. It has also been directed that both the sentences shall run concurrently.

(2.) The prosecution case is based upon the written report dated 10.2002 given by the porsecutrix, Chhita Manjhi (P.W.6) stating therein that her love marriage was solemnized with Risha Manjhi (Appellant No. 1) in the year 1999 and after lapse of some days, her husband along with her in-laws started assaulting and torturing her for some or other reasons. It is also alleged that her pregnancy was aborted without her consent but she kept mum in impression that good feelings would be restored. It is further alleged that her in-laws were not providing her proper food and shelter and they were treating her as maid servant.

(3.) On the basis of the aforesaid written report, Jadugora P.S. Case No. 5/2002, corresponding to G.R. No. 51/2002 was registered against the appellants and Others for the offence under Sections 498A, 313, 323/34 of the Indian Penal Code. After investigation, the police submitted charge sheet against all the accused persons under sections 498A, 313/34 and 323/34 of the Indian Penal Code. Thereafter, cognizance was also taken under the aforesaid sections.