SANJAY KUMAR BHARATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment of conviction and order of sentence dated 10.01.2017 passed by 2nd Additional Sessions Judge, Fast Track Court, Bermo at Tenughat in Sessions Trial No. 151 of 2014, whereby the appellant has been held guilty of the charges under Sections 498-A and 323 I.P.C and has been sentenced to undergo R.I for a period of two years under Section 498-A of I.P.C. He has further been directed to pay a fine of Rs. 2,00,000/- for the livelihood of the victim-wife and their three children. No separate sentence has been awarded under Section 323 I.P.C.

(2.) The case of the prosecution on the basis of the written report of the informant namely, Kavita Devi (P.W. 3) filed on 01.04.2014 at about 12.35 hours is that she was married to the appellant about 15 years ago. After some days of the marriage, the appellant and her father-in-law started subjecting her to cruelty and she was also assaulted by them for which she was medically treated at Ramgarh and Ranchi. During that time, she gave birth to three children. On 01.04.2014 at about 6.00 am, the appellant and her father-in-law started demanding cash and vehicle as dowry and on her refusal, the appellant by means of axe and her father-in-law by means of rod attacked her causing injuries over her head and other parts of the body. During the said occurrence, her father-in-law also received some injury.

(3.) On the basis of the written report of the victim, an FIR being Jaridih P.S Case No. 32 of 2014 was instituted against the appellant and his father. The police submitted the charge sheet under Sections 498A, 341, 323, 324, 307, 504, 506 read with 34 of IPC. Thereafter, charge was framed against the appellant and his father under Sections 498A, 324 and 307 I.P.C. read with Section 34 of I.P.C.