SUSHIL GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court. This appeal is directed against the impugned judgment of conviction and sentence passed on 23/09/2002 and 24/09/2002 respectively by the 3 rd Additional District & Sessions Judge, Dhanbad in Sessions Trial No. 69 of 1998, whereby the sole appellant has been found guilty for committing the offence under Section 304 B of the Indian Penal Code and, thereby, he has been sentenced to undergo R.I. for ten years.

(2.) The prosecution case, in short, is that on 30/03/1997, the informant Parmeshwar Gope (PW 8) lodged a fardbeyan at Choudhary Nursing Home, Katras to the effect that his niece Lakshmi Devi was married with the petitioner and she was being tortured for bringing Rs. 10,000/ (ten thousand) as dowry. Ultimately, she consumed poison due to such torture and died.

(3.) Mr. Sinha, learned counsel appearing for the appellant submitted that at best the appellant could be convicted under Section 306 of the Indian Penal Code and not under Section 304 B of the Indian Penal Code; and that he has remained in jail custody for about six years.