MANZARUL HAQUE @ MAJRUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vishwanath Pd. Sinha, learned Senior counsel along with Mr. Durgesh Kumar Singh, learned counsel appearing on behalf of the appellants and Mr. Abhay Kumar, learned APP for the State.

(2.) The present appeal has been filed under Sec. 374 (2) and 389 (1) of the Code of Criminal Procedure challenging the judgment of conviction dtd. 31/3/2011 and order of sentence dtd. 4/4/2011 passed by the Sessions Judge, Madhubani in S.T. No.373/2008 and 374/2008 in connection with Madhepur P.S. Case No. 58/07 dtd. 22/3/2007, whereby and whereunder the appellants have been convicted for the offence punishable under Sec. 304 B and 201/34 of the Indian Penal Code and appellant nos. 1 and 2 of Cr. App. (SJ) No.467 of 2011 along with the appellant (Masudual Haque) of Cr. App. (SJ) No.602 of 2011 have been sentenced to undergo Rigorous Imprisonment for 10 years for offencce u/s 304-B along with a fine of Rs.1000.00 each and simple imprisonment for one year for offence u/s 201/34 of the Indian Penal Code and in default of fine to undergo simple imprisonment for six months and sentenced appellant nos.3 and 4 of Cr. App. (SJ) No.467 of 2011, RI for seven years for offence u/s 304 B of the Indian Penal Code and SI for one year for offence u/s 201/34 of the Indian Penal and directed the sentences of the appellant and others convicted to run concurrently.

(3.) Being aggrieved by and dissatisfied with the aforesaid judgment of conviction and order of sentence, the appellants have preferred the present appeal before this Court. The appellants have assailed the impugned judgment primarily on the ground that the learned trial court failed to appreciate the evidence available on record in its proper perspective and has wrongly recorded the conviction of the appellants despite the existence of serious contradictions and deficiencies in the prosecution case.