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2023 Supreme(Jhk) 1360

SUJIT NARAYAN PRASAD, SUBHASH CHAND
Sahdeo Sahu @ Sahdeo Sao @ Sahdev Sahu @ Sahdev Sao, son of Harihar Sahu – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Girish Mohan Singh, Advocate
For the Respondent: Mr. Bhola Nath Ojha, A.P.P.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal, under Sections 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 02.03.2017 and order of sentence dated 04.03.2017 passed by learned District and Additional Sessions Judge at Ghatsila in Sessions Trial No. 310 of 2011 arising out of Baharagora (Barsole) P.S. Case No. 06 of 2011, corresponding to G.R. No. 43 of 2011, whereby and whereunder, the appellants have been convicted under Section 304B/34 of IPC and to undergo rigorous imprisonment for life for the offence under Section 304B/34 of the I.P.C. each and fine of Rs.25,000/- each. In default of payment of fine, they have further been directed to undergo simple imprisonment for nine months each.

2. The prosecution story in brief as per the allegation made in the FIR, reads as under:

On 28.01.2011, an FIR had been instituted under Section 304B/34 of I.P.C. on the basis of the statement given by Pratap Chandra Sahu, P.W.-2, who has stated that his daughter Sushma (deceased) was married with Sahdeo Sao in Feb, 2009. For about six months of her marriage she was kept well in her matrimonial home then after her husband and father-

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