UMESH KUMAR SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 27.3.1997, passed in Sessions Trial No. 609 of 1995 (T.R. No. 57 of 1995) by Shri Aloke Kumar Sinha, 6th Additional Judicial Commissioner, Ranchi, whereby and whereunder all the appellants along with appellant Raj Kishore Shah (since dead) were found guilty for the offence punishable under Section 498 -A/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for three years each. However, all the appellants were not found guilty for the offence punishable under Section 364 of the Indian Penal Code and they were acquitted in respect thereof.

(2.) THE prosecution case has arisen on the basis of the written report (Exhibit -3) of PW 1, Ram Chandra Prasad, the informant and said to be the father of Laxmi Devi, the alleged victim of this case lodged before Sukhdeo Nagar Police Station on 22.9.1992 at 21.00 hours regarding the occurrence which is said to have taken place on 10.9.1992 at 14.00 hours at Hesal Vikash Nagar in the town of Ranchi and the case was instituted against the appellants by drawing of the formal FIR (Exhibit -4) on that very day at 21.00 hours.

(3.) THE appellant have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in the case on mere suspicion in view of the fact that Laxmi Devi has left her matrimonial home all of a sudden leaving her son there.