SUSHIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mr. Amit Narayan, learned counsel for the Appellant and Mrs. Anita Kumari Singh, learned APP for the State are present and they are heard on the merit of this appeal.

(2.) The instant appeal has been filed against the judgment of conviction dtd. 31/7/2017 and order of sentence dtd. 4/8/2017 passed in Sessions Trial Case No. 106 of 2009 by the learned Presiding Officer, Fast Track Court-2nd, Samastipur whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 498A and 304B of the Indian Penal Code (in short 'IPC') and he has been sentenced to undergo rigorous imprisonment for two years for the offence under Sec. 498A of IPC with a fine of Rs.5,000.00 in default of payment of fine he has been directed to undergo additional six months of simple imprisonment and directed to undergo ten years of rigorous imprisonment for the offence punishable under Sec. 304B of IPC. All the sentences of imprisonment have been directed by the learned trial court to run concurrently.

(3.) Appellant and two co-accused namely, Anil Kumar Sah and Jogmaya Devi were charged for the offences under Ss. 498A and 304B read with Sec. 34 of IPC and they faced trial together but the accused Anil Kumar Sah and Jogmaya Devi were acquitted of the charged offences by the trial court.