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2011 Supreme(SC) 539

DEEPAK VERMA, ASOK KUMAR GANGULY
Birender Poddar – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

Ganguly, J. —

Initially four persons filed the special leave petition but as three of them, namely, Petitioner Nos. 1, 2 and 3 refused to surrender, their special leave petition stood dismissed by an order dated 05.01.2004.

2. Leave was granted in respect of the present appellant on 27.03.2006.

3. This appeal which is now surviving only at the instance of Birender Poddar, the husband of the deceased woman, is directed against the concurrent judgment and order of his conviction. In the Sessions Trial No. 380 of 1994, the appellant stood convicted under Section 302/34 of the Indian Penal Code and was sentenced to suffer imprisonment for life. The appellant was also convicted under Section 498-A of the Indian Penal Code and was sentenced to suffer two years rigorous imprisonment, sentence to run concurrently. The High Court on appeal, affirmed the conviction and the sentences.

4. We have gone through the records of the case carefully and also the judgment of the High Court and also of the learned Sessions Judge.

5. The learned counsel for the appellant in support of the appeal raised several contentions. His main contention is that there is no direct evidence in the case. He

















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