MD. BUDHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) THE solitary appellant has preferred this appeal against his conviction for the offences under Section 304(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years as awarded on 29th May, 2002 by learned Additional Sessions Judge, Fast Track Court - III, Purnea, in connection with Session Case No. 62/1990 / T.R. No. 13/2002 arising out of Bhawanipur P.S. Case No.54/1989 instituted under section 302/304(B) of the Indian Penal Code.

(3.) THE prosecution has not produced a single chit of document including fardbeyan, formal First Information Report and post mortem examination report etc., but, produced only six witnesses. Out of whom P.W. 4 Yasin uncle of the deceased was tendered for cross examination. P.W.1 Maulvi Md. Siddique has come to say about the prosecution version and finding the deceased lying dead. In examination in chief, he was silent about the period of marriage, but in very first paragraph of their cross examination he states the same taking place five years before the incident. He is consistent about torture. P.W. 2 Md. Siddique is one of the maternal uncle of the deceased coming with the case of marriage three years before the occurrence and stated about assault and demand etc. P.W.3 Md. Musraf has also stated the prosecution version likewise. P.W.5 Masomat Darudan mother of the deceased has come to say abut the period of marriage and demand of dowry etc. Last but not the least Md. Jiyauddin the informant has also stated the prosecution version.