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2021 Supreme(Pat) 892

BIRENDRA KUMAR
Jitendra Tiwary – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. Bela Singh, Adv.
For the Respondent: Mr. Zeyaul Hoda, APP.

JUDGMENT :

1. Appellant-Jitendra Tiwary has challenged, herein, the judgment of conviction dated 31.10.2017 and order of sentence dated 01.11.2017 whereby the learned Sessions Judge, Vaishali has found the appellant guilty for offences under Sections 304B and 201 IPC and has sentenced to undergo rigorous imprisonment for ten years for offence under Section 304B IPC and rigorous imprisonment of two years for offence under Section 201 IPC. The sentences have been ordered to run concurrently. The impugned judgment and sentences were passed in S.Tr.No.392 of 2015 arising out of Lalganj PS. Case No.87 of 2013.

2. The prosecution case, as disclosed in the Fardbeyan of P. W.7 Paras Nath Mishra, is that his daughter Nitu Kumari was married with the appellant in November, 2012. The victim went to her Sasural and after 2-3 months the named accused persons including the appellant started torturing even by physical assault for non-fulfillment of their demand for more dowry in the form of Colour T.V. and Gold Chain. The victim had telephonically informed to P.W.7 about the aforesaid act. Thereafter P.W.7 alongwith his wife Meena Devi (P.W.6) and other relatives went to village Kharauna of the app

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