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2004 Supreme(SC) 1207

ARIJIT PASAYAT, C.K.THAKKER
THAKKAN JHAS – Appellant
Versus
State Of Bihar – Respondent


ORDER

ARIJIT PASAYAT, J.- THIS APPEAL IS DIRECTED AGAINST THE JUDGMENT OF A LEARNED SINGLE JUDGE OF THE PATNA HIGH COURT AFFIRMING THE CONVICTION OF THE PRESENT APPELLANTS FOR OFFENCES PUNISHABLE UNDER SECTION 304 AND SECTION 20 I OF THE PENAL CODE, 1860 (IN SHORT IPC) AND SENTENCE OF 10 YEARS AND THREE YEARS RESPECTIVELY IMPOSED IN RESPECT OF THE SAID OFFENCES AS RECORDED BY THE TRIAL COURT. BOTH THE SENTENCES WERE DIRECTED TO RUN CONCURRENTLY BY THE TRIAL COURT.

2. THE PROSECUTION VERSION AS UNFOLDED DURING TRIAL IS AS FOLLOWS:

REPORT WAS LODGED BY RAJENDRA JHA (PW 4) TO THE EFFECT THAT HIS DAUGHTER BUCHI DEVI (HEREINAFTER REFERRED TO AS THE DECEASED) WAS MARRIED TO TRILOK JHA IN THE MONTH OF BAISAKH 1993. THE GAUNA WAS ORGANISED SOME TIME THEREAFTER. AT THE TIME OF GAUNA, DEMAND WAS MADE FOR A RAJDOOT MOTORCYCLE AND RS 15,000 IN CASH. EXPRESSING FINANCIAL DIFFICULTIES THE INFORMANT REQUESTED THAT THE DEMAND MAY NOT BE INSISTED UPON AS A CONDITION PRECEDENT FOR THE GAUNA. AS SOME RESPECTABLE PERSONS OF THE LOCALITY INTERVENED, THE GAUNA WAS PERFORMED SOMETIME IN THE MONTH OF BAISAKH 1993. THEREAFTER THE DECEASED WAS ALWAYS SENDING MESSAGES THAT SHE WAS BEING TORTURED AND SUBJECTED














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