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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