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2024 Supreme(Jhk) 1038

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Birju Yadav S/o Late Madhav Mahto – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Srishti Mishra
For the Respondent: Priya Shrestha

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard learned counsel for the parties.

2. The present appeal is directed against the judgment of conviction and order of sentence dated 10.12.1998 passed by learned 5th Additional District & Sessions Judge, Giridih in Sessions Trial No. 256 of 1996, whereby and whereunder, the appellant has been held guilty for the offence under Section 302 of the I.P.C. and sentenced to undergo rigorous imprisonment for life.

FACTUAL MATRIX

3. The factual matrix giving rise to this appeal in a nut shell is that the informant’s daughter Guddi Devi was married with the present appellant. It is alleged that the present appellant had illicit relation with his bhabhi, which was frequently protested by his wife and she returned to her parental home. Informant Prayag Mahto (P.W.-6) along with his daughter Guddi Devi went to her matrimonial home on 16.06.1996 and on the next day i.e. 17.06.1996 at about 12 O’ Clock, there was a Panchayati and in Panchayati, Guddi Devi has told her husband to get separate from his brother and bhabhi and asked for share in the property, but her husband, brother of husband and bhabhi did not agree to above proposal and asked her to go

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