NUNBATIYA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 28.05.2018 and 30.05.2018 respectively passed by the learned Session Judge, Banka in Session Trial No. 74 of 2016 by which the appellant has been convicted under Section 307/34, 341/34, 324/34 and 504/34 of the Indian Penal Code (for short 'IPC') and sentenced her to undergo rigorous imprisonment for three years with fine of Rs. 2000/- under Section 307/34, rigorous imprisonment for one month under Section 341/34, rigorous imprisonment for one month under Section 324/34 and rigorous imprisonment for one year under Section 504/34. All the sentences have been ordered to run concurrently.

(3.) It is submitted by the learned counsel for the appellant that the trial court has failed to appreciate the evidence on record. There was no material on the basis of which the appellant could have been convicted for any of the charges under which he was charged. The witnesses examined during trial did not whisper a word, which would have attracted ingredients of the offences punishable under Sections 307, 341, 324 and 504 of the Indian Penal Code against her. According to him, the conviction of the appellant with aid of section 34 of the IPC for the aforesaid offences is totally misconceived.