SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants of both the Criminal Appeals have been convicted u/s.304B I.P.C. and sentenced to R.I. for ten years as also u/ss.201/34 and 498A I.P.C. and sentenced to R.I. for three years under each count by the 1st Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No.317/2 of 1993/1996 by an judgment dated 16.5.1996/17.5.1996.

(2.) THE case of the prosecution is that on 13.5.1993 the informant (P.W.6) received an information that his sister Nilam Devi had been murdered by her in-laws and when he went there he learnt that the accused persons had assaulted the deceased and caused her death by poisoning and had disappeared her dead body some where. This murder was committed for ends of dowry and the deceased had been married about 5-6 years back and had two children, aged about three years and one year respectively.

(3.) AS for the Criminal Appeal No.96 of 1996 is concerned, the same is allowed and the order of conviction u/ss.498A, 201/34 I.P.C. and sentence passed against the appellants on 16.5.1996/17.5.1996 by the 1st Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No.317/2 of 1993/1996 is hereby set aside. The appellants are discharged from the liabilities of their bail bonds.