RAJENDRA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pankaj Kumar Singh, learned Amicus Curiae, for the appellant and Mr. S. N. Prasad, learned A. P. P. , for the State.

(2.) The sole appellant has preferred this appeal against the judgment of conviction dated 01.05.2009 and order of sentence dated 02.05.2009 passed in Sessions Trial No. 159 of 2004 arising out of Chandan P. S. Case No. 36 of 2003 by the learned Additional Sessions Judge, Fast Track Court, IVth, Banka by which he has been convicted under Section 304 IPC and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 10,000/-. The trial court has also ordered that in case of failure to deposit the amount of fine the appellant will have to undergo rigorous imprisonment for two years in addition to the Patna High Court CR. APP (SJ) No. 493 of 2009 dt. 05-04-2012 2 sentence awarded for the offence.

(3.) The prosecution case is based on the fardbeyan of the informant Pariya Devi, wife of the appellant, which was recorded by S. I. S. K. Mandal, Officer-in-Charge of Katoria police station on 10.06.2003 at 9.30 a. m. in Referral Hospital, Katoria. The informant, in her fardbeyan, alleged that she was married to the appellant about a year back, after his first wife deserted him as he frequently used to subject her with cruelty.