GULAB CHAND MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appellants have preferred this appeal against the judgment and order of conviction dated 18.3.2000 and 23.3.2000 respectively passed by Sessions Judge, Dhanbad in S.T. No. 405 of 1997 whereby and whereunder the appellants stand convicted under Sec. 304 -B/34 of the Indian Penal Code and sentenced to undergo RI for 8 years each.

(2.) BRIEF facts leading to this appeal are that the appellant No. 1 Gulab Chand Mahto was married with Anju Devi in the year 1995. As per informant PW 11 Tularam Mahto after the marriage the deceased Anju Devi was being ill treated and tortured for non -fulfillment of dowry demands, resulting in her committing suicide on 18.5.1997. The informant asserted in the fardbeyan dated 18.5.1997 that in the morning his son -in -law appellant No. 1 has informed him that the deceased was missing from the house after which he went in search of the deceased to the house of the appellants who were absconding. The informant came to learn from unknown persons that a dead body was lying on the railway track near Gausala bridge and identified the dead body belong to his daughter Anju Devi.

(3.) THIS appeal has been preferred mainly on the ground that the learned trial Court has not considered the contradictions available in the evidence of the witnesses. Sri M.B. Lal, learned Counsel for the appellants stressed before me that the investigation was not properly conducted and none of the probable witnesses of village Maheshpur P.S. Rajganj, Katras have been examined in support of the allegations that dowry demands were made. Sri M.B. Lal further stressed that the mother of the deceased has admitted that there was cordial relation between the deceased and the appellants. As such, the conviction of the appellants is liable to be set aside. It is further submitted that the appellant No. 1 has remained in custody from May, 1997 whereas appellant Nos. 2 and 3 have remained in custody after conviction from March, 2000. Therefore, they have already served the period of sentence passed against them.