TARA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an appeal initially preferred by the two appellants, the husband and wife, against their conviction for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code and both were sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default whereof, simple imprisonment for six months and on realization of the fine by them it is to be paid to the victim as awarded by Additional Sessions Judge, Fast Track Court No. ­ VII, Purnia on 24th day of March, 2007 in Sessions Trial No. 583 of 1996 / Trial No. 211 of 2006 arising out of Sadar P.S. Case No. 349 of 1995.

(2.) AS regard to appellant no. 1, namely, Biso Choudhary, there was an intimation about his death and for the confirmation of the same a report was called for vide earlier order dated 20.10.2011, in compliance whereof, report bearing Letter No. 240 dated 16.12.2012 (kept at Flag 'A') was received from the Superintendent, Special Central Jail, Bhagalpur, confirming the death of appellant no. 1 on 16.01.2008 and the appeal with respect to him stands abated. Now the matter shall proceed only for solitary surviving lady appellant, namely, Tara Devi.

(3.) ON the other hand, on behalf of the appellants there is neither any documentary nor any oral evidence and on considering the materials available the trial court convicted and sentenced the appellants in the manner aforementioned.