BAIDYANATH PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Ajay Kumar Thakur, the learned Advocate for the sole appellant, who is the husband of the deceased and Mr. Abhimanyu Sharma, the learned APP.

(2.) The appellant has been charged under Ss. 302 and 304B of the IPC and Sec. 4 of the Dowry Prohibition Act but vide judgment dtd. 12/8/2014 passed by the learned 1st Additional Sessions Judge, Sitamarhi in Sessions Trial No. 431 of 12 / 52 of 2013, arising out of Sahiyara P.S. Case No. 77 of 2011, the appellant has been acquitted of the charges under Sec. 304B of the IPC and Sec. 4 of the Dowry Prohibition Act but has been convicted under Sec. 302 of the IPC. By order dtd. 21/8/2014, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs.50,000.00 and in default of payment of fine, to further suffer R.I. for one year for the offence under Sec. 302 of the IPC.

(3.) The deceased died in her father's house. The appellant was arrested on the same day by the villagers and family members of the deceased and handed over to the police. However, he was produced before the Court two days later, the explanation being that on one day, there was a strike of drivers plying the vehicles on road.