DABBU @ GOPAL MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellant to press this appeal. Accordingly, Mr. A.B. Mahata, learned panel lawyer, is appointed as Amicus Curiae to assist this court. Mrs. Lily Sahay, learned State counsel appears for the State. Both are directed to assist this court in this appeal in the second half.

(2.) This appeal is directed against the judgment of conviction dated 01.05.2000 and order of sentence dated 03.05.2000 passed by the learned 5 th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 45 of 1998 convicting the appellant under sections 304(B) IPC and sentencing him to undergo R.I. for ten years.

(3.) The prosecution case in short is that on 29.11.1996 the informant's sister was found dead in the house of the appellant with ligature mark on her neck. The informant initially said that she was ill for 2-4 days and she died due to illness, but later on he said that she committed suicide by hanging. It is further alleged that the appellant had demanded from the informant a sum of Rs. 20,000/- and a Bicycle in dowry and due to non-fulfillment of the same, he killed his wife. The FIR was lodged on 30.11.1996 and the appellant was arrested on the next day i.e. on 1.12.1996.