TILAK BEDIA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THESE appeals have been preferred by the appellants named above against the impugned judgment and order dated 17.8.2000 passed by Shri Shyam Kishore Sharma, 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 28 of 1998 whereby and whereunder both the appellants were found guilty for the offence punishable under Section 304(B) read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for ten years each.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P.W. 5, Vijay Bedia, the informant and brother of Budhni Devi, the deceased of, this case recorded by P.W. 8, S.1. N. Singh Gautam, Kosi Kujju O.P. Camp Orla on 25.3.1997 at the house of the appellant at 10.30 hours regarding the occurrence which is said to have taken place in the night between 24th -25th of March, 1997 at village Orla P.S. Mandu. District -Hazaribagh in which dowry death of Budhni Devi, wife of appellant, Hirwa Bedia was committed and the case was instituted by drawing a formal F.I.R. (Ext. 4) on 25.3.1997 at 17.00 hours at Mandu P.S. which was received in the Court empowered to take cognizance on the following day.

(3.) THE appellants had 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 this case. It has been contended that Budhni Devi has died due to snake bite.