LAWS(PAT)-2013-12-132

DHANESHWAR SINGH Vs. THE STATE OF BIHAR

Decided On December 10, 2013
Dhaneshwar Singh Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE Appellant has been convicted under Section 304B IPC and sentenced to RI for seven years by the Additional Sessions Judge -II, Buxar in S.Tr. No. 245 of 1985 by judgment and order dated 04.08.2001. The submission of the Appellant is that the occurrence is said to have taken place on 08.09.1993 and hence his conviction in 2001 for an offence which came into existence for legislation subsequently on 26.11.1996 which is not in accordance with law.

(2.) I am inclined to accept the said submission. However, in the interest of justice I would examine the prosecution case to ascertain as to whether any offence is made out against the Appellant.

(3.) THE prosecution in all examined four witnesses. P.W. 3, Mukteshwar Singh and P.W. 4, Sudarshan Singh did not support the case of the prosecution.