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2017 Supreme(Pat) 729

BIRENDRA KUMAR
Puja Kumari, D/O Sri Manoj Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagdish Prasad, Advocate, Mr. Virendra Kumar, Advocate
For the Informant :Mr. Ashhar Mustafa, Advocate
For the State : Mr. Z. Hoda, A.P.P.

JUDGMENT :

Both the appellants Puja Kumari and Virendra Sah faced trial along with four others in Sessions Trial No. 435 of 2012/50 of 2012 arising out of Dumra P.S. Case No. 229 of 2012 for the offences under Sections 306/120B, 354, 323 of the Indian Penal Code as well as under Sections 67, 67A, 84B of the Information Technology Act, 2000.

2. The appellants have been convicted under Sections 306 and 120B of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.50,000/-. In default of payment of fine, rigorous imprisonment of six months have been ordered for the offence under Section 306 of the Indian Penal Code and no separate sentence has been awarded for the offence under Section 120B of the Indian Penal Code.

3. The appellants were acquitted of other charges as referred to above. Other four accused Lovely Kumari, Bhairav Rai, Akhilesh Paswan and Gauri Yadav have been acquitted of all the charges by the same judgment giving benefit of doubt.

4. Contention of the learned counsel for the appellants is that the matter is of love-affairs and the victim was done to death as honour killing by the prosecution side and thereafte

















































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