MD. ABBAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellant and learned counsel appearing for the State. Learned counsel appearing for the appellant submitted that the appellant earlier had been acquitted by the trial court on the same charge on which the appellant has presently been convicted. However, revision against acquittal was preferred before this Court by the informant whereby this Court set aside the order and remanded the matter before the trial court for its re -trial. However, the appellant preferred Special Leave to Appeal before the Hon'ble Supreme Court and the Hon'ble Supreme Court remanded the matter before this Court for re -hearing.

(2.) HAVING heard this Court again remanded the matter for re -trial before the trial court. Thereafter the appellant was found guilty for the offences under Section 304(B) as well as under Section 498A of the Indian Penal Code, though there has been absolutely no evidence that soon before the death, demand was put forth by the appellant and thereby the conviction recorded by the trial court is illegal.