ANIL PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dtd. 3/1/2004, passed by learned Sessions Judge, Sahibganj, in Sessions Case No. 73 of 1999, whereby the sole appellant has been convicted for the offence committed and punishable under Ss. 497 and 498 of the Indian Penal Code and awarded rigorous imprisonment for four years for the offence committed and punishable under Sec. 497 of the Indian Penal Code and rigorous imprisonment for one year for the offence committed and punishable under Sec. 498 of the Indian Penal Code. Both the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of the informant Abhimanyu Pandit (P.W. 3), recorded by the Officer-in-Charge, Borio Police Station in the district of Sahibganj on 12/9/1998, at round 5.00 P.M. alleging therein that his wife Urmila Devi has left the house on 11/9/1998 at 7.00 A.M. and since then, she is missing. The informant has further alleged that he got information that his wife has illicit relationship with co-villager Anil Pandit, for which both were scolded but there was no improvement in her behaviour. The informant has further alleged that this fact is known to his sons namely Dilip Kumar Pandit aged about 12 years and Pradip Kumar Pandit, aged about 10 years and also to covillagers namely Keso Pandit, Rajindra Pandit and others.

(3.) On the basis of the fardbeyan, police has registered Borio P.S. Case No. 118 of 1998 dtd. 12/9/1998 under Ss. 497 and 366 of the Indian Penal Code against the appellant Anil Pandit.