NARAYANNATH GOSWAMY Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The instant appeal is directed against the judgment of conviction dated 27.2.2002 and order of sentence dated 28.2.2002 passed by Md. Sarfaraz Khan, 1st Additional Sessions Judge, Koderma in Sessions Trial No. 187 of 1998 by which judgment both appellants were found guilty Under Section 304B/34 of the I.P.C. and sentenced to undergo R.I. for 10 years.

(3.) It is submitted by leaned counsel for the appellants that in absence of any direct evidence that immediately before her death deceased, Renu Devi was subjected to any torture, conviction of the appellants Under Section 304B/3 I.P.C taking help of section 113b of the evidence act is bad in law and fit to be set aside. He has further submitted that appellant No. 2, Praveennath Goswamy has remained in custody for about 12 years, since, 27.2.2002 on which date he was taken into custody and there is no case of torture and demand of dowry against appellant No. 1, Narayannath Goswamy.