URMILA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by the 3rd Addl. Sessions Judge, Dhanbad in Sessions Trial No. 14/97, whereby and whereunder he convicted the appellants under Sections 306/34, IPC and sentenced them to undergo rigorous imprisonment for five years and a fine of Rs. 1,000/- each and in a case of default of payment of fine the appellants would further undergo imprisonment for three months.

(2.) The case of the prosecution in brief as stated is that one Alok Kumar Jha submitted a written report before the police alleging therein that on 21.10.1996 when he had gone to his sister's Sasural to take her back home, he got the news that his sister already died on 19.10.1996. It is further alleged that just 15 days back his sister Mina Mishra (deceased) had complained to him that the appellants used to assault her and also forced her to sell her chastity to get some extra income. It is further alleged that Rajeshwar Thakur (appellant No. 3) was having some illicit relation with Urmila Devi and due to which the informant wanted to take/her sister back but the appellants/accused persons did not allow him for Bidagri of Mina Mishra (deceased) and it is alleged that his sister was done to death by the appellants by torturing her. The police registered the case under Section 304B, IPC against the appellants and investigated into the case and thereafter submitted the charge-sheet under Sections 306/34, IPC.

(3.) All the appellants appeared before the lower Court. The charge under Sections 304B and 306/34, IPC was framed against the appellants to which they pleaded not guilty.