ARJUN PRASAD VISHWAKARMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and Order of sentence dated 6th June, 2001 passed by Sri Uday Narayan Singh, 3rd Additional Sessions Judge, Palamau, Daltonganj, in Sessions Trial No. 347 of 1994, by which judgment he found the appellant, Arjun Prasad Vishwakarma guilty under Section 304-B of the Indian Penal Code and sentenced him to undergo R.I. for 10 years R.I.

(2.) It is submitted by the learned Counsel for the appellant that there is no evidence that the appellant-husband was neglecting the wife and he had any intention to commit her murder; there is no evidence that soon before the death of the victim girl there was any torture or demand of dowry and as, such the conviction of the appellant under Section 304-B 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 supported the prosecution Case and submitted that there is sufficient evidence that the husband-appellant used to torture the victim-wife and was demanding T.V. and money as dowry and that continued till before her death, hence he has rightly been convicted under Section 304-B of the Indian Penal Code and it requires no interference by this Court.