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2022 Supreme(SC) 1761

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Rameshwar Ram – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Bhuwan Raj, Adv. Mr. Kedar Nath Tripathy, AOR Mr. C. Solomon, Adv.
For the Respondent(s): Mr. Akshay C. Shrivastava, Adv. Mr. Abhinav Mukerji, AOR Mrs. Bihu Sharma, Adv. Ms. Pratishtha Vij, Adv.

ORDER

1. The appeal challenges the concurrent orders passed by the learned Additional Sessions Judge, Fast Track Court No.V, Arrah in Sessions Trial No.452 of 1998, by which three accused have been convicted for the offences punishable under Sections 498A, 304B and 120B of the Indian Penal Code, 1860 (“the IPC”) and under Section 4 of the Dowry Prohibition Act, and the order passed by the High Court dated 25.03.2010 by which the appeal of the appellants has been dismissed, thereby confirming the conviction and sentence passed by the Trial Court.

2. The Trial Court sentenced the appellants to undergo rigorous imprisonment for three years under Section 498A of the IPC, life imprisonment under Sections 304B and 120B of the IPC and rigorous imprisonment for six months under Section 4 of the Dowry Prohibition Act.

3. Mr. Bhuwan Raj, the learned counsel for the appellants has submitted that the High Court as well as the Trial Court erred in convicting the appellants inasmuch as there is a delay of 8 days in lodging the FIR. He has submitted that the High Court as well as the Trial Court have not at all taken into consideration the evidence of the defence witnesses, which would show that the


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