PAWAN PASWAN Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-7-37
HIGH COURT OF JHARKHAND
Decided on July 21,2017

Pawan Paswan Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

ANANDA SEN, J. - (1.) After being convicted for committing an offence under Sections 304-B/34 and 316/34 of the Indian Penal Code, the appellant has preferred this appeal through the jail authority.
(2.) The Additional Sessions Judge-I, Sahebganj vide judgment dated 22.03.2005 in Sessions Case No. 101 of 2004, convicted this appellant for committing offence under Sections 304-B/34 and 316/34 of the Indian Penal Code and vide order dated 23.03.2005, sentenced him to undergo imprisonment for life for committing the offence under Section 304-B/34 of the Indian Penal Code and imprisonment for seven years with fine of Rs. 5000/- for committing offence under Section 316/34 of the Indian Penal Code. It was further ordered that in default of payment of fine, the appellant will further undergo imprisonment for two years. However, both the sentences were directed to run concurrently.
(3.) The case of the prosecution, as per the fardbeyan of the informant Prabhu Paswan (PW-2), is that the deceased Reeta Devi, the daughter of the informant, was married with Pawan Paswan, the appellant herein, about four years back. After some time of marriage, his daughter was tortured and assaulted by her in-laws including the appellant (husband) for the demand of dowry. The deceased Reeta Devi often complaint against the said behaviour of his in-laws to her parents. It is alleged that in the night of 30.09.2003, the elder brother of this appellant namely Subodh Paswan came to the house of the informant and after waking him up, informed him that Reeta Devi has died. He informed that on the said date at about 01.00 a.m. in the night, he heard cry of Reeta Devi as a result of which he woke up and knocked the door of the room of Reeta Devi where the deceased was sleeping with Pawan Paswan, the accused. After some time the door was opened and he could see his mother and father (in-laws of Reeta Devi) in the room alongwith his brother, the husband of Reeta Devi. Reeta Devi was lying dead. The informant thereafter, went to the place of occurrence where the younger daughter of the informant Preeti Kumari, who was residing with her elder sister, narrated that at night this appellant pressed the neck and committed murder of Reeta Devi and the in-laws were catching hold of her feet and hands and assisted this appellant in committing murder.;


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