Shivjee Sah, Son of Late Ram Sakal Sah vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 67

BIRENDRA KUMAR
Shivjee Sah, Son of Late Ram Sakal Sah – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Dr. Amarendra Kumar, Advocate, Mrs. Surya, Advocate.
For the Respondent: Mr. Sujit Kumar Singh, APP.
For the Informant :Mr. Mithilesh Kumar Singh, Advocate.

JUDGMENT :

Appellants Shivjee Sah and Manju Devi are parents of appellant Prashant Kumar. All the appellants faced trial for offence under Section 304-B of the Indian Penal Code before learned Fast Track Court-I, Rohtas, Sasaram in Sessions Case No. 86 of 2014 arising out of Karakat P.S. Case No. 218 of 2013. The appellants were found guilty for the aforesaid offence by judgment dated 25.09.2018. Appellant Prashant Kumar was sentenced to undergo rigorous imprisonment for 10 years and other appellants were sentenced to undergo rigorous imprisonment for 7 years by the order of sentence dated 29.09.2018. The judgment of conviction and order of sentence are challenged in these appeals.

2. The prosecution case as disclosed in the written report of PW-3 Ramesh Prasad Gupta is that Namita Devi, the sister of the informant was married with appellant Prashant Kumar on 09.12.2012. After marriage, Namita went to her sasural in village Jayshree, P.S.-Karakat, District – Rohtas. After few days, Namita left for Visakhapatnam along with her husband Prashant where Prashant was a locomotive driver. From Visakhapatnam, Namita used to inform that she was being tortured even by physical assault by the h