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2004 Supreme(Jhk) 90

VIKRAMADITYA PRASAD
RAM LAKHAN MANDAL – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
P.C.ROY

Judgment :

VIKRAMADITYA PRASAD, J.

( 1 ) THIS criminal appeal is directed against the order of Shri Vinod Kumar Sinha, the 5th Additional Sessions Judge, Giridih dated 25/5/1999 and 26/5/1999 whereby and where under the learned Court held the appellants guilty in Sessions Trial No. 251 of 1994 and convicted all of them under Sections 304-B and 498-A of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for nine years under Section 304- B of the Indian Penal Code and fine of Rs. 2,000/- each and in default simple imprisonment for three months and further to undergo rigorous imprisonment for three years under Section 498-A of the Indian Penal Code and a fine of Rs. 500/- and in default one month imprisonment. However, both the sentences were ordered to be run concurrently.

( 2 ) THE conviction arose out of the following prosecution story as appearing in the fardbeyan (Ext. 1) lodged by Ghanshyam Mandal the father of the victim girl.

( 3 ) IT is not at all in dispute that the deceased Anita Devi was not married to Appellant No. 1 and she did not die within seven years of the marriage. The autopsy of the dead body of Anita Devi was conducted by PW 5 Dr. w





















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