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2009 Supreme(Jhk) 772

AMARESHWAR SAHAY, R.R.PRASAD
Umakant Mandal – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent


Advocates appeared:
For the Appellant : M/s. D.K.Prasad, Sunil Kr. Mahto
For the State : Mr. M.Jagannath, A.P.P.

JUDGMENT

By Court The present appeal has been preferred against the judgment dated 23/09/1991 passed by the 2nd Additional Sessions Judge, Godda in Sessions Case No. 74/1991, whereby the appellant, who was tried for committing the murder of his wife Smt. Kanti Devi and causing disappearance of evidence of the offence, has been found guilty and, thereby, has been convicted for committing the offence under Sections 302 and 201 IPC and, has been sentenced to undergo R.I. for life for the offence under Section 302 IPC and further to undergo R.I. for a period of five years for the offence under Section 201 IPC.

2. The facts, in short giving rise to this appeal, are that the informant Mahadeo Mandal lodged a Fardbeyan before Kahalgaon Police Station in the district of Bhagalpur on 06/10/1990 alleging therein that he got his daughter Kanti Devi married to the appellant Umakant Mandal, a resident of Village Dhalkudia, P.S. Belbadda, district Godda and Kanti Devi had a son aged about 3-4 years. When she was pregnant, she had promised to offer sacrifice (Bali) of a he-goat, which her husband was not in a position to arrange and, therefore, she requested her father, i.e. the informant to arra


















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