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2021 Supreme(Pat) 334

PRABHAT KUMAR JHA
Bhagwat Sah @ Vagwat Sah – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Ajay Mukherjee, Adv.,Mr. Ajay Mukherjee, Adv., for the Appellant; Mr. Zeyaul Hoda, APP, Mr. Abhay Kumar, APP, for the Respondent.

JUDGMENT

1. The appellants of Cr.Appeal (SJ) No. 393 of 2020 and Cr. Appeal (SJ) No. 375 of 2020 preferred these appeals against the judgment and order dated 03.01.2020 and 04.01.2020 passed by learned Additional Sessions Judge (F.T.C. I), Banka in Sessions Trial No. 844 of 2007/Trial No. 48 of 2017) arising out of Dhoraiya P.S. Case No. 26 of 2007 by which the learned Additional Sessions Judge (F.T.C. I) convicted the appellants under Section 304(B) of the I.P.C. and sentenced them to undergo Rigorous Imprisonment for seven years. The appellants were also directed to pay a fine of Rs. 20,000/- and in default of payment of fine, the convicts were directed to undergo Rigorous Imprisonment for one year. Therefore, both the appeals are heard together and disposed of by this common judgment.

2. On the basis of fardbeyan of P.W.5 (Tuntun Sah) Dhoraiya P.S. Case No. 26 of 2007 was registered under Section 304(B) and 34 of the I.P.C. P.W.5 in his statement narrated that his sister Geeta Devi (deceased) was married to Bhagwat Sah about six years ago. At the time of marriage, many articles including cash were gifted to Bhagwat Sah. He also paid Rs.2,000/- and Rs.5,000/- to Bhagwat Sah. The in

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