LAWS(JHAR)-2002-9-87

NAKUL MANJHI Vs. STATE OF BIHAR (NOW JHARKHAND)

Decided On September 03, 2002
Nakul Manjhi Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the judgment and order dated 4.9.1996 passed by Shri Ashok Kumar Verma, Judicial Commissioner, Ranchi at Camp Court, Khunti in Sessions Trial No. 279 of 1994 whereby and where under they have been found guilty for the offence punishable Under Section 304B of the Indian Penal Code and they were accordingly convicted and sentenced to undergo R.I. for life. However, they were not found guilty for the charge Under Sections 302/34 and 328/34, I.P.C. Accused Nirsha Devi has been acquitted of the charge Under Sections 304 -B, 302/34 and 328/34 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of the Fardbeyan (Exhibit 2) P.W. 6, Bhushan Chandra Manjhi, father of Aloka Devi, the deceased of this case and the wife of appellant, Sanjay Manjhi recorded by SI Sahay Lakra of Torpa P.S., District Ranchi at village Kasmar, P.S. Torpa on 30.4.1993 at 13.30 hours regarding the occurrence which is said to have been taken place in the house of the appellant in village Kasmar, the date and time of which have not been mentioned therein.

(3.) CHARGE -sheet has been submitted on investigation against both the appellants and also against accused Nirsha Devi who was acquitted.