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2020 Supreme(Jhk) 79

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Jaideo Mahato, son of Late Bhikshakar Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants :Mr. Jitendra Shankar Singh, Advocate, Mr. Soumitra Baroi, Advocate
For the Respondent: Mr. Shekhar Sinha, PP.

JUDGMENT :

Shree Chandrashekhar, J.

On the basis of a written report dated 06.06.2007 of father of the victim lady, Baliapur P.S. Case No. 33 of 2007 has been registered under section 304-B read with section 34 of the Indian Penal Code against (i) Jaideo Mahato, who is husband of the victim lady, (ii) Bhikshakar Mahato, who is father-in-law of the victim lady and (iii) Sunita Devi @ Suniti Devi @ Susti Devi, her mother-in-law. After the investigation charge-sheet was filed against them and a common charge under section 304-B of the Indian Penal Code was framed against them vide order dated 03.04.2008.

2. In Sessions Trial No. 370 of 2007, Jaideo Mahato and his mother, namely, Sunita Devi have been convicted and sentenced to R.I for life under section 304-B of the Indian Penal Code; Bhikshakar Mahato has died during the trial.

3. To prove the charge under section 304-B of the Indian Penal Code against the appellants, the prosecution has examined 10 witnesses; the informant who is father of the deceased has been examined as P.W.7. The brothers of the deceased, her uncle, aunt and mother have also been examined during the trial.

4. Death of Sanjyoti Devi has occurred within seven years of

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