RATAN MAHATO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against their conviction for the offence under Section 498A of the Indian Penal Code as each of them has been sentenced to serve rigorous imprisonment for three years while appellant Nos. 1, 4, 5 and 6 stand further convicted for the offence under Section 304(B) of the Indian Penal Code acquitting appellant Nos. 2 and 3, and sentenced to serve rigorous imprisonment for seven years each, by the Additional Sessions Judge, Bokaro in Sessions Trail No. 83 of 1995. However, both the sentences were directed to run concurrently.

(2.) FACTUAL backgrounds are as follows:

(3.) THE informant reported the matter to Hurla Police Station in the evening and his statement was recorded, on the basis of which Hurla Police Station Case No. 49 of 1994 dated 5.5.1994 under Sections 304B and 498A of the Indian Penal Code was registered against all the accused. The police sent the dead body of the deceased for postmortem after preparing inquest report and finally submitted charge sheet against all of them. The trial of the accused was committed to the court of Sessions where charges were framed against all of them on 21.9.1995. The appellants pleaded not guilty and claimed false implication. The trial court after examining the witnesses, both prosecution and defence, found and held the appellants guilty under Section 498A of the Indian Penal Code, however, appellant Ratan Mahato, his mother, Aunt, grandmother were further found and held guilty under Section 304B of the Indian Penal Code and sentenced as stated above.