SUBHASH RAWANI 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 dated 22.04.2002 and order of sentence dated 23.04.2002 passed by Sri V.N. Sahu, 5th Additional District and Sessions Judge, Bokaro in Sessions Trial Case No. 83 of 1994, by which judgment, he found the appellants guilty for the offence under Section 304B of the Indian Penal Code and sentenced them to Undergo rigorous imprisonment for seven years and he also found them guilty under Section 498A of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years as also he found them guilty under Section 4 of the Dowry Prohibition Act and sentenced them to undergo rigorous imprisonment for sis months. However, all the sentences were directed to run concurrently.

(3.) It is submitted by learned Counsel for the appellants that no doubt the victim lady died within one year of her marriage, but there is no evidence that she was being tortured for any demand of dowry, and as such, the conviction of the appellants under Section 304B and 498A of the Indian Penal Code as also 3 and 4 of the Dowry Prohibition Act, is bad in law and fit to be set aside.