SHYAMLAL MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Yashraj Bardhan, the learned counsel for the appellant, Mr. Dhananjay Kumar Tiwary, the learned counsel for the respondent no.2 and learned APP for the State, Mr. Sujeet Kumar Singh at length.

(2.) The present appeal has been preferred under Sec. 372 (proviso) of Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 14/9/2023 passed by learned Court of Additional Sessions Judge-IV, Saran at Chapra in Sessions Trial No. 186 of 2020 (arising out of Bhagwan Bazar P.S. Case No. 621 of 2019), whereby and where under the learned Trial Court has held that the charges under Sec. 304B and alternatively under Sec. 302 read with sec. 34 of the Patna High Court CR. APP (DB) No.50 of 2024 dt.10/12/2025 Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') have not stood proved and Respondent No. 2 has been convicted for a lesser offence under Sec. 306 IPC (under which charges were not framed) and by an order of sentence dtd. 20/9/2023, the respondent no. 2 has been sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs.10,000.00 and in default of payment of the same, he has further been directed to undergo additional imprisonment for 2 months.

(3.) The records of this appeal has been placed before this Court to consider the prayer of the appellant for convicting the respondent no. 2 for a greater offence under Sec. 304 B of the IPC as he has been acquitted of the charges thereunder and has instead been convicted u/s 306 IPC.