SURESH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed Against the judgment of conviction dated 11.7.2002 and order of sentence dated 16.7.2002 passed by Shri Ravindra Prasad Ravi, 8th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 169 of 1999, by which judgment he found both the Appellants guilty under Sections 304B & 34 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years under Section 304B read with Section 34 of the Indian Penal Code.

(2.) It is submitted by the learned Counsel for the Appellants that it will appear from the evidences and from the F.I.R itself that there was no demand of dowry nor there is any allegation that there was any torture for dowry. In that view of the matter, the conviction and sentence of both the Appellants under Section 304B & 34 of the Indian Penal Code is bad in law and only fit to be set aside.

(3.) On the other hand, learned Counsel for the State has submitted that it is a clear case of torture for not providing proper dowry and the husband-Appellant No. 1 never took his wife to Bombay, where he was working and whenever he came he assaulted her and was expecting more dowry and as such the Appellant No. 1, Suresh Yadav, has rightly been convicted and it requires no interference by this Court.