LAL MOHAN RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arising out of one and same judgment. They have been heard together and being disposed of by this common judgment.

(2.) THE solitary appellant Dr. Dilip Kumar Sinha in Cr. Appeal No. 393 of 2011, stood charged only for the offence under sections 120 B I.P.C. whereas, appellant nos. 1, 3, 4 and 5, namely, Lal Mohan Rabidas, Gopal Rabidas, Bedamiya Devi and Bimli Devi in Cr. Appeal No. 448 of 2011, for the offence under sections 304 B and 120 B I.P.C. and appellant no.2 Hira Rabidas for the offence under sections 304 B and 498 A I.P.C. but the trial court, i.e, 4th Additional Sessions Judge, F.T.C. Jamui vide judgment dated 23rd March, 2011 in Sessions Trial No. 686 of 2001 arising out of Lakshmipur (Gidhaur) P.S. Case No. 124 of 2000 convicted, both sets of the appellants for the offence under sections 304 B, 120B and 498 A I.P.C. and accordingly sentenced them to undergo R.I. for seven years for the offence under sections 304 B read with section 120 B I.P.C. and further sentenced all the appellants of Cr. Appeal No. 448/2011, for three years under sections 498 A read with section 120B I.P.C. and they are also ordered to pay fine of Rs. 1,000/- each, in default to undergo R.I. for six months, giving rise to the present appeals.

(3.) THE police after institution of the case and completion of investigation submitted charge sheet and after completing other legal requirements trial commenced wherein prosecution examined altogether nine witnesses besides producing the following documentary evidence: