BIRSI DEVI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the appellant -Birsi Devi and learned counsel for the State on I.A. No. 5667 of 2014.

(2.) LEARNED counsel for the appellant submits that in the present case, the appellant has been convicted for the offence under section 304B of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years. He further submits that the appellant is the mother in law and there are general and omnibus allegations against the appellant. He also submits that the main accused, who happens to be the husband of the deceased, during pendency of the appeal, has already been granted bail by this Court on 8.3.2013 in Cr. Appeal (S.J.) No. 363 of 2012. Lastly, he submits that out of sentence of 10 years, the appellant in totality has already remained for more than 5 years in custody.

(3.) IN view of the order which I propose to pass, it would be necessary to refer to Section 389 of Cr.P.C., which reads as under: -