Criminal Appeal (DB) No. 1040 of 2008. Case: Babu Lal Ram Vs State of Jharkhand. Jharkhand High Court
| Case Number | Criminal Appeal (DB) No. 1040 of 2008 |
| Counsel | For Appellant: A.K. Kashyap, Sr. Advocate and D.K. Prasad, Advocate and For Respondents: Pankaj Kumar and Azimuddin, A.P.P.'s |
| Judges | Pradip Kumar Mohanty, Actg. C.J. and Ananda Sen, J. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 304B, 498A |
| Judgement Date | February 27, 2017 |
| Court | Jharkhand High Court |
Judgment:
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This criminal appeal is directed against the judgment of conviction and order of sentence dated 01.07.2008 and 03.07.2008 respectively, passed by the Additional Sessions Judge, Fast Track Court-III, Chatra in connection with Session Trial No. 23 of 2007, corresponding to Piparwar P.S. Case No. 62 of 2005, whereby and whereunder the present appellant namely, Babu Lal Ram @ Purna Khurna Ram having been found guilty of charges under Sections 498A & 304B of Indian Penal Code, has been sentenced to undergo imprisonment for life for the offence under Section 304B of the Indian Penal Code and R.I. for 03 years for the offence under Section 498A of the Indian Penal Code. However, it was observed that both the sentences will run concurrently.
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The case of the prosecution is that the informant (PW-5), i.e. the father of the deceased, gave a fardbeyan on 01.12.2005 stating therein that six years before he performed marriage of his daughter Shanti Devi (deceased) with the present appellant and also expended some money. After sometime of the marriage, the accused persons, i.e. present appellant, father-in-law, mother-in-law and brother-in-law started assaulting and torturing his daughter and also demanded a motorcycle. Thereafter, the deceased was thrown out of their house and then she came to her parental house and stayed there for more than a year and, thereafter, few days before the occurrence, the appellant took his daughter to his house and on 01.12.2005 one Rajendra Ram came and informed him about killing of his daughter by strangulation with rope and then he went there and saw the dead body of his daughter and lodged the case.
On the basis of the aforesaid Fardbeyan of the informant Parwilwa Mochi (P.W.5), Piparwar P.S. Case No. 62 of 2005, was registered for the offence under Sections 498A and 304B of the Indian Penal Code, against the accused persons. Subsequently, the matter was taken up for investigation and the police examined the witnesses and sent the dead body for Post Mortem Examination. After completion of investigation, charge sheet was submitted against the present appellant, father-in-law and mother-in-law, accordingly, cognizance of the offence was taken and the case was committed to Court of Sessions for trial. The case of father-in-law and mother-in-law was tried separately.
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The case of the defence is complete denial of his involvement and he specifically stated that at the time of occurrence he was not present.
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In order to prove the charges against the accused, the prosecution has examined as much as ten witnesses including the Investigating Officer (PW-9)...
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