GANGA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) DATE : 12 -02 -2014 Heard learned counsel for the appellant, learned counsel for the informant and learned Additional Public Prosecutor for the State.

(2.) SINCE in both these appeals, appellants are same and later case/appeal arose as a consequential effect of first incident giving rise to former appeal. As prayed for, both these appeals are being heard together and disposed of by this common judgment. The former appeal is against judgment dated 24th May 2002 passed by learned 1st Additional Sessions Judge, Jamui, in Session Trial No. 488/98 arising out of Chandramandih P.S. Case No. 14/98, initially instituted under Section 376 of the Indian Penal Code at the instance of the prosecutrix, who could not be able to bear the pains, within two days, died by falling in a Well, giving rise to later case i.e. Chandramandhi P.S. Case No. 15/98 under Section 306/109 of the Indian Penal Code.

(3.) AFTER some arguments, learned counsel for the appellants chosen not to challenge conviction of the appellants, but confined his submissions on the point of sentence, mainly on the ground of their age of detention for the period about 4 1/2 years at pre and post conviction stage besides mental agony, financial losses etc. On the other hand, learned Additional Public Prosecutor and learned counsel representing the informant raised no objection but to compensate the informant who is none else than mother of the victim who had to lost her life at her youth.