KALESHWAR TATWA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The instant appeal is directed against the judgment of conviction and order of sentence dated 3-5-2001 passed in S.T. No. 77 of 2000 by Sri Dhananjay Prasad Singh, Sessions Judge, Dumka by which judgment he found the appellant guilty under Sessions 304-B and 498-A of the I.P.C. and sentenced him to undergo R.I: for three years for an offence under Section 498-A of the Indian Penal Code and R.I. for seven years for an offence under Section 304-B of the Indian Penal Code and that both sentences have been ordered to run concurrently.

(3.) It is submitted by learned counsel for the appellant that although 10 witnesses were examined during the trial, but none of the witnesses have supported the prosecution case except P.W. 1, Bistu Bhagat, the father of the deceased and P.W. 5, Rudradeo Bhagat, the brother of the deceased. Even P.W. 1, the father of the deceased, cross-examined on recall, has not supported the prosecution case, as such, conviction and sentence of the appellant is fit to be set aside.