LALMANI MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed by the sole appellant named above against the judgment and order dated 18.1.1996 passed by Sri Ram Nath Ram Mahto, 4th Addl. Sessions Judge, Dhanbad in Sessions Trial No. 78 of 1995 whereby the appellant was found guilty for the offence punishable under Section 498A, I.P.C. and convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,500/ - and in default to undergo R.I. for six months. However, the appellant was not found guilty for the offence under Sections 302, 328,1.P.C and under Sections 3 and 4 of Dowry Prohibition Act.

(2.) THE prosecution case has arisen on the basis of the fardbeyan of P.W. 8, the informant, Shyamlal Mahto recorded by ASI Md. Aftab Khan of Baghmara P.S. on 12.6.1994 at 16.45 hours in the Central Hospital, Baghmara, District Dhanbad regarding the occurrence which is said to have taken place on 12.6.1.994 at village Khonathi, P.S. Baghmara, District Dhanbad.

(3.) THE appellant has pleaded not guilty to the charges levelled against him and claimed himself to be innocent and has committed no offence and that he has been falsely implicated in this case. It is alleged that the deceased along with one Mangali had taken some poisonous substance for effecting abortion as a result of which the deceased has died whereas Mangali Devi could be saved and has survived.