LAWS(PAT)-2021-11-83

RAM KESHWAR YADAV Vs. STATE OF BIHAR

Decided On November 29, 2021
Ram Keshwar Yadav Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellant/accused no. 1 Ram Keshwar Yadav, by this appeal is challenging the judgment and order dtd. 14/3/1995 passed by the learned Additional Sessions Judge, III, Aurangabad in S. Tr. No. 20 of 1993/1 of 1995 thereby convicting him of the offence punishable under Ss. 304B and 201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life so also the rigorous imprisonment for a term of three years respectively. Substantive sentences were directed to run concurrently. Co-accused, Bhikhar Yadav, Naga Yadav and Janeshwar Yadav were also sentenced appropriately by the impugned judgment and order for offences punishable under Ss. 304B and 201 of the Indian Penal Code.

(2.) Facts in brief leading to the prosecution of the appellant/accused no. 1 Ram Keshwar Yadav projected from the police report can be summarized thus.

(3.) We heard Mr. Krishna Prasad Singh, the learned Senior Counsel with Mrs. Meena Singh, learned Advocate appearing for the appellant/accused. It is argued that evidence of the prosecution is sketchy and laconic. The offence as alleged against the accused persons is not made out from the evidence of the prosecution. According to the learned Senior Counsel for the appellant/accused, the prosecution has failed to prove the fact that Bhagmatia (since deceased) died natural death. Similarly it is also not proved that soon before her death she was subjected to cruelty and harassment of the accused persons for and on account of demand of dowry.