SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the Judgment of conviction and sentence Order dated 20.09.1995 passed by the learned Sessions Judge, Nalanda ( Bihar Sharif) in Sessions Trial No.105 of 1992, arising out of Noorsarai P.S. Case No.178 of 1990, by which and whereunder he convicted the appellants for the offences punishable under Sections 498-A, 304-B and 201/34 of the Indian Penal Code and, accordingly, sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 304-B of the Indian Penal Code and to undergo rigorous imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code but no separate sentence was awarded for the offence punishable under Section 498-A of the Indian Penal Code. However, the learned Sessions Judge, Nalanda (Bihar Sharif) directed to run the sentences concurrently.

(2.) Originally, P.W.3, namely, Nandlal Prasad, filed Complaint Case bearing Complaint Case No.477(C) of 1990 on 04.10.1990 before the Chief Judicial Magistrate, Nalanda, who sent the aforesaid complaint petition to the concerned police station under Section 156(3) of the Code of Criminal Procedure for institution of the F.I.R.

(3.) In pursuant to the order of the learned Chief Judicial Magistrate, Nalanda, Noorsarai P.S. Case No.178 of 1990 was registered and, accordingly, formal F.I.R. for the offences punishable under Sections 498-A, 304-B and 201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act was registered against the appellants.