ASHOK KUMHAR AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Mrinal Kanti Roy learned counsel appearing for the appellants and Mr. Rajesh Kumar Mishra, learned Addl. Public Prosecutor appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction dated 21.01.2004 and order of sentence dated 22.01.2004, passed by the learned Addl. Sessions Judge-XIII, Dhanbad, in Sessions Trial No.04 of 1997 (G.R. No.4424 of 1995), whereby, both the appellants have been convicted for the offence punishable under Section 306/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years and a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(3.) The prosecution case, in nutshell, is based upon on the basis of the "fardbeyan" of the informant, Gopal Kumhar, recorded by Assistant Sub Inspector, Hariharpur Police Station, Dhanbad, on 06.12.1995 at 11.30 hours, where the informant has alleged that his youngest daughter was married with accused (Ashok Kumhar) 4 years ago, in Deoghar Temple. Further case of the prosecution is, that accused (Ashok Kumhar) is doing the business of selling vegetables and from the said wedlock; they have a daughter of two years. The informant has further alleged, that the accused (Ashok Kumhar) and his mother used to assault his daughter and for which, the informant tried to pacify them, but nothing has happened and ultimately, his daughter went to collect cow dung on 05.02.1995 and subsequently, dead body was found hanging with a plastic rope upon a "Palas" tree. The informant has further stated that he has been informed by Manik Kumhar (P.W.3) and Pena Kumhar (P.W.5) that his daughter has committed suicide and thereafter the informant along with his son, Anant Kumhar with co-villager, Prafulla Kumhar went to the village- Khorio and saw the dead body of his daughter.