LAKHAN PRASAD @ RAM LAKHAN PRASAD AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER
LAWS(JHAR)-2017-11-153
HIGH COURT OF JHARKHAND
Decided on November 06,2017

Lakhan Prasad @ Ram Lakhan Prasad And Others Appellant
VERSUS
The State Of Jharkhand And Another Respondents

JUDGEMENT

RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. V.P. Singh, learned senior counsel for the petitioners and Mr. Anurag Kashyap, learned counsel for the opposite party No. 2.
(2.) This application is directed against the judgment dated 2.9.2000 passed by the learned 7th Additional Sessions Judge, Palamau at Daltonganj in Cr. Appeal No. 193/96, whereby and where-under the judgment and order of conviction and sentence dated 14.10.1996 passed by the learned Judicial Magistrate, First Class, Daltonganj, Palamau in Complaint Case No. 291/91 convicting all the petitioners for the offence under Section 498-A of the Indian Penal Code and the petitioner No. 1 further convicted for the offences under Sections 494, 323, 379/504 of the Indian Penal Code and sentencing them accordingly has been affirmed.
(3.) The allegation made against the petitioners arising out of a complaint petition is to the effect that the petitioner No. 1 was married with the complainant according to Hindu Rites and Customs and on 11.5.1973 out of the said wedlock a child has been born. It has been alleged that after the birth of the child the accused persons started committing torture upon the complainant and at the instigation of her sister-in-law and her husband the petitioner No. 1 solemnized a second marriage. It has been alleged that after the marriage the degree of torture escalated and a demand of Rs. 50,000/- was made. It has also been alleged that the father of the complainant tried to settle the matter but the accused persons were adamant which resulted in the complainant residing in her parental house. It has also been alleged that the accused persons later on agreed to take back the complainant and a bidai ceremony was also performed but on the way to her matrimonial house the complainant was brutally assaulted by her husband and father-in-law and after snatching away her ornament they had fled away. It has been stated that the complainant did not have any option but to return back to her parental house.;


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