ARJUN PRASAD BERNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No body appears on behalf of the appellants on repeated call. Then, on the request of the Court, Sri S.K. Srivastava, Advocate, argued the case as amicus curie on behalf of the appellants as also no body appears on behalf of the informant although initially Vakalatnama was filed. Then, the State Counsel Miss. Anita Sinha, APP, argued the case on behalf of the State.

(2.) The appeal is directed against the judgment of conviction and order of sentence dated 30th May, 2002 passed by Sri Bhola Prasad, Additiona 1293 Sessions Judge, Fast Track Court No. IV, Dhanbad in Sessions Trial No. 218 of 1993 arising out of G. R. Case No. 248 of 1990, by which judgment he found all the appellants guilty under Sections 304(B) of the Indian Penal Code and sentenced them to undergo R. I. for 10 years. However, he also found the appellants guilty under Section 3/4 of the Dowry Prohibition Act, but no separate sentence was passed.

(3.) It is submitted by the learned Counsel for the appellants that there is no direct evidence of torture and assault against appellant Nos. 2 to 6 and as such the conviction of the appellant Nos. 2 to 6 along with main accused, Arjun Prasad Bernwal is bad in law and fit to be set aside.