YOGENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these four appeals arise out of the same Judgment of conviction and order of sentence and accordingly having been made analogous were heard together and are being disposed of by this common Judgment.

(2.) THESE appeals are directed against the judgment and order dated 13.8.2003 and 16.8.2003, respectively passed by Sri Jagdish Kumar Sinha, Vth Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 101 of 1990 whereby the learned trial court has been pleased to convict all the nine appellants and sentenced them to undergo R.I. for a period of ten years for having committed the offence under Sec.304 -B of the Indian Penal Code.

(3.) ON the basis of the aforesaid fardbeyan Bidupur RS. Case No. 90 of 1989 came to be registered under Sec.304 -B/34 I.P.C. against the ten persons named in the fardbeyan. The investigation commenced and it transpired in course thereof that offence under Sec.3/4 Dowry Prohibition Act also appeared to have been made out against the accused persons and for the same sanction for prosecution was sought for from the competent authority. It further appears that in the meantime a charge sheet under Sec.302/34 I.P.C. was submitted in court against all the accused on 11.10.1989 and subsequently after receipt of the sanction order a supplementary chargesheet was submitted in court on 4.1.1990 showing the commission of offence also under Sec.3/4 Dowry Prohibition Act.