TALIB ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Nobody appears on behalf of the appellant on repeated call and it is reported that learned Counsel for the appellant Sri N.N. Mahto has died. In absence of counsel for the appellant, on the request of the Court, Sri A.B. Mahto, Advocate argued the case on behalf of the appellant as amicus curie.

(2.) The instant appeal is directed against the judgment of conviction dated 15.5.1999 and order of sentence dated 17.5.1999 passed by Sri Krishna Murari, 1st Additional Sessions Judge, Jamshedpur in S.T. No. 189/153 of 1995 by which judgment the sole appellant has been convicted for the offence Under Section 304(B) of the I.P.C and sentenced to undergo R.I. for 7 years.

(3.) It is submitted by learned Counsel appearing on behalf of the appellant that the conviction of the appellant Under Section 304(B) of the I.P.C is bad in law since, the condition required for convicting a person Under Section 304(B) of the I.P.C is that the death of the deceased (married lady) must have taken place within 7 years of her marriage and in unnatural condition or by any burn or bodily injury. Since, the prosecution has failed to prove the date of marriage and there is contradictory evidence regarding the same, the conviction of the appellant is bad in law and fit to be set aside.