SAHDEO SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal, under Ss. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dtd. 2/3/2017 and order of sentence dtd. 4/3/2017 passed by learned District and Additional Sessions Judge at Ghatsila in Sessions Trial No. 310 of 2011 arising out of Baharagora (Barsole) P.S. Case No. 06 of 2011, corresponding to G.R. No. 43 of 2011, whereby and whereunder, the appellants have been convicted under Sec. 304B/34 of IPC and to undergo rigorous imprisonment for life for the offence under Sec. 304B/34 of the I.P.C. each and fine of Rs.25,000.00 each. In default of payment of fine, they have further been directed to undergo simple imprisonment for nine months each.

(2.) The prosecution story in brief as per the allegation made in the FIR, reads as under:

(3.) Mr. Girish Mohan Singh, learned counsel for the appellants has submitted that there is no incriminating material against the appellants since there is no eye witness to the occurrence witnessing the commission of crime by the appellants. The ground has been taken that if the testimony of the witnesses will be taken into consideration, it would be evident that none of the witnesses has deposed against the appellant that they are behind the commission of crime rather it would be evident from the testimony of the witnesses that the victim while was in the house has been found dead and when she was taken to the hospital, then the doctor has found her dead.