LAWS(PAT)-2015-9-52

SUBODH KUNWAR Vs. THE STATE OF BIHAR

Decided On September 10, 2015
Subodh Kunwar Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned amicus curiae for the appellants and learned counsel for the State.

(2.) THIS appeal arises out of the judgment of conviction and order of sentence dated 09.09.2013 and 16.09.2013 passed by Shri Abhimanyu Lal Srivastav, learned 6th Additional District & Sessions Judge, Motihari, East Champaran, in Sessions Trial No. 05 of 2012 (arising out of Keshria P.S. Case No. 108 of 2010, G.R. No. 1906 of 2010 by which the appellant had been convicted for offence under Section 304B of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and further convicted for offence under Section 201 of Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and payment of fine of Rs. 3000/ - and in default of payment of fine further sentenced to simple imprisonment for six months.

(3.) ON the written report filed by the informant, F.I.R. was lodged. Investigation proceeded. After investigation, charge sheet submitted, cognizance was taken and case was committed to the Court of Sessions. After commitment, charge framed and trial proceeded. During trial, ten witnesses on behalf of the prosecution were examined. P.W. 1 Rahul Kumar, P.W. 2 Satchitanand Pandey, P.W.3 Ramdayal Pandey, P.W.4 Rajesh Chaudhari, P.W.5 Chalittar Das, P.W.6 Lakshman Kunwar, P.W.7 Sheo Nath Pd. Singh, P.W.8 Jamuna Singh, the informant of this case, P.W.9 Sunil Singh and P.W.10 Parmeshwar Prasad, the I.O. of the case.