RAJESH PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appellant, Rajesh Pandey was put on trial along with three other accused persons for the charges under Sections 304B, 498A, 302, 201/34 of the Indian Penal Code. The Additional Sessions Judge -cum -Fast Track Court -VI, Jamshedpur, by his judgment dated 24.1.2005 convicted this appellant only for the offence under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code. He was awarded further R.I. for three years for the offence under Section 201 of the Indian Penal Code. However, both the sentences were ordered to be run concurrently. For the charges under Sections 304B and 498A of the Indian Penal Code, this appellant was acquitted. The other accused persons were acquitted from all the charges. The appellant has challenged his conviction and sentence passed by the trial court by preferring this appeal.

(2.) THE facts, in short, are that on Bali Pandey lodged a First Information Report on 13.3.1999 with Sonari Police Station, alleging therein that his daughter Meera Pandey was married to this appellant, Rajesh Pandey, on 8.12.1997. In the marriage, as per the demand, dowry was given but in spite of that, his daughter was being asked to bring more dowry from her parents and they used to torture her in different ways due to non -fulfillment of the demand of dowry. On receipt of such information, the informant went to the in -laws place of his daughter and then after seeing her condition, he brought his daughter Meera Pandey back to Dhanbad. After some time, the appellant again took his wife, Meera Pandey, back to Jamshedpur. The informants another daughter Radha used to visit the in -laws place of Meera Pandey (the deceased) and she was being informed by Meera Pandey about the atrocities being committed on her by her in -laws. Meera Pandey also sent a letter to the informant informing him that she was being badly treated by her in -laws and her husband who used to beat her after consuming liquor.

(3.) IN course of trial, the prosecution, in order to establish the charges, examined altogether 15 witnesses and also adduced some documentary evidences.