PRADEEP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE husband, who is the sole appellant in this appeal, has been found guilty under Sections 304B and 498A of the Indian Penal Code by the 2nd Additional Sessions Judge, Banka in Sessions Trial No. 606 of 1999. He has been sentenced to undergo rigorous imprisonment for 8 years and 2 years respectively.

(2.) IN this appeal, charges were framed under Section 302 of the Indian Penal Code, however, the Trial Court has ultimately convicted the appellant under Section 304B of the Indian Penal Code.

(3.) IN this case, Pradeep Yadav was the only person who was made accused. The Investi- gaving Officer of this case has not been examined, whereas Dr. Sunil Kumar Jha who has conducted postmortem of the deceased has been examined as PW 7. The postmortem report indicates that there was a bruise of about 1/2 x 3/2" over right side of the neck on its lower part overlapping the right cervical. The opinion of the doctor was that the injury aforesaid could not have been sufficient to cause death as the bruise was superficial and the muscle and vessels of the neck were found intact. The opinion regarding the cause of death was reserved and the viscera was sent to Forensic Laboratory for examination. The Forensic Laboratory report (Ex- hibit-6) indicates that there is no foreign poisonous body in the viscera. Thus, the medical report does not support the prosecution version that Ranjo Devi died because of the alleged injuries pointed out by the informant.