SURESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellants has been directed against the impugned judgment and order dated 27.2.1999 and 13.3.1999 respectively passed in Sessions Case No. 45 of 1998 by Sri Hari Shankar Prasad, Sessions Judge, Dumka, Santhal Pargana whereby and whereunder the appellants were found guilty for the offence punishable under Section 498 -A and 304 -B of the Indian Penal Code and they were accordingly convicted and sentenced to undergo R.I. for ten years each under Section 304 -B of the Indian Penal Code. However, no sentence was awarded to them for the offence under Section 498 -A of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 2, Suresh Sah, the father of Lucho Devi, the deceased in this case, recorded by I.O., PW 7 S.I. Suresh O/C Saraiyahat P.S. on 31.7.1997 at 10.00 hours at the house of the appellant in village Titmo P.S. Saraiyahat District Dumka regarding the occurrence which is said to have taken place between 30.7.1997 and 31.7.1997 in the house of the appellant and a case was instituted by drawing of a formal FIR (Ext. 5) on 31.7.1997 at 13.30 hours and the fardbeyan and the formal FIR have been received on 2.8.1997 in the Court empowered to take cognizance.

(3.) THE appellants 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 this case on mere suspicion and the deceased has committed suicide.