RAJARAM CHAUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 03.05.2001 passed by Shri Abdul Samad, learned 5th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial Case No. 435 of 1995, by which judgment, he found the appellants guilty for the offence under Sections 304B/34 and 201 of the Indian Penal Code. However, he sentenced appellant No. 1, Rajaram Chauhan to undergo rigorous imprisonment for seven years under Sections 304B/34 of the Indian Penal Code and appellant No. 2, Rabindra Chauhan to undergo rigorous imprisonment for ten years under Sections 304B/34 of the Indian Penal Code and he further sentenced both of them to undergo rigorous imprisonment for two years each under Section 201 of the Indian Penal Code. However, these sentences were directed to run concurrently.

(3.) It is submitted by learned Counsel for the appellants that the conviction of the appellants under Section 304B/34 as also under Section 201 of the Indian Penal Code is bad in law, since there is no evidence that they had disappeared the dead body of the victim girl, since the extra judicial confession made by the accused persons has not been proved beyond reasonable doubts. He has further submitted that as far as appellant No. 1, Rajaram Chauhan is concerned, there is no specific allegation against him that he has demanded dowry after the marriage of appellant No. 2, Rabindra Chauhan and that he took any part in the commission of any unnatural death of the victim girl and disposal of the dead body, and as such, appellant No. 1, Rajaram Chauhan, who is the brother-in-law of the deceased, is bad in law and fit to be set aside.