S.RAJENDRA BABU, S.SAGHIR AHMAD
Sakhi Mandalani – Appellant
Versus
State Of Bihar – Respondent
ORDER
1. Leave granted.
2. The appellant, who was the sister-in-law of the deceased Manju Mandalani, was convicted under Sections 304-B/34, 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. She was sentenced to 10 years rigorous imprisonment under Section 304-B IPC; 3 years RI under Section 498-A IPC; and 6 months RI under Sections 3 and 4 of the Dowry Prohibition Act, read with Section 34 IPC, by the IVth Additional Sessions Judge, Dhanbad. On appeal, the High Court acquitted her of the charges under Sections 304-B/34 IPC giving her the benefit of doubt. However, her conviction under Sections 3 and 4 of the Dowry Prohibition Act was maintained.
3. It is contended by learned counsel on behalf of the appellant that the judgment passed by the High Court is wholly inconsistent inasmuch as having recorded her acquittal from the charges under Section 304-B IPC, it was not possible to maintain the convictions under Sections 3 and 4 of the Dowry Prohibition Act. Section 304-B IPC reads as under:
"304-B. Dowry death.-(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven days of her marri
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