DHARAMBIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both Criminal Appeals have arisen out of common judgment and as such, have been heard together and are being disposed off by this common judgment.

(2.) By judgment of conviction and order of sentence dated 19.01.2009 and 22.01.2009 respectively passed by the 1st Additional Sessions Judge, Munger, in Sessions Case No.218 of 2006 arising out of Naya Ramnagar P.S. Case No.104 of 2005, all the three Appellants have been convicted under Sections 498-A and 304-B of Indian Penal Code and Appellant, Binay Sagar @ Binay Kumar, has been sentenced to undergo rigorous imprisonment for two years under Section 498-A Indian Penal Code and ten years under Section 304-B Indian Penal Code. Other two Appellants, Dharambir Kumar and Arbind Kumar, have been sentenced to undergo rigorous imprisonment for two years under Section 498-A Indian Penal Code and seven years under Section 304-B Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) Counsel for the Appellants has submitted that no witness was examined on behalf of the defence. Defence of the Appellants was complete denial of the alleged occurrence. There is no reliable evidence of prosecution witness to support the case. The Informant and other witnesses have turned hostile and have not supported the case.