SURESH PRASAD SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant named above against the impugned judgment and order dated 23.07.1997 passed in S.T. No. 345 of 1989 by Shri Dhruv Narain Upadhyay, 2nd Additional Sessions Judge, Giridih whereby and whereunder the appellant was found guilty for the offence punishable under Section 304B of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life. However, co -accused Karu Sao was found not guilty and acquitted of the said charge.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 5) of P.W.1, Narain Sah, the informant and father of Kanti Devi, the deceased of this case recorded by A.S.I., Rama Shankar Singh of Hirodih P.S. in village Mukundih at the well of Parmeshwar Modi, resident of Hidodih on 30.12.1987 at 15.30 hours regarding the occurrence which is said to have taken place between 26th December, 1987 and 30th December, 1987 at village Mukundih in which the dowry death of Kanti Devi aforesaid was committed. The case was instituted by drawing of the formal F.I.R. (Ext. 4) on that very day at 16.00 hours which was received in the court empowered to take cognizance on the following day.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case on mere, suspicion. It has further been contended that never a demand of Rs. 10,000/ - was made from the deceased or her parents and the deceased was never treated with cruelty in her matrimonial home for the fulfillment of the alleged demand.