JUDGMENT

(Per: HONOURABLE MR. JUSTICE SMT. SONI SHRIVASTAVA)

Date : 10-12-2025

Heard Mr. Yashraj Bardhan, the learned counsel for the appellant, Mr. Dhananjay Kumar Tiwary, the learned counsel for the respondent no.2 and learned APP for the State, Mr. Sujeet Kumar Singh at length.

2. The present appeal has been preferred under Section 372 (proviso) of Code of Criminal Procedure, 1973 challenging the judgment and order dated 14.09.2023 passed by learned Court of Additional Sessions Judge-IV, Saran at Chapra in Sessions Trial No. 186 of 2020 (arising out of Bhagwan Bazar P.S. Case No. 621 of 2019), whereby and where under the learned Trial Court has held that the charges under Section 304B and alternatively under Section 302 read with section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘ IPC ’) have not stood proved and Respondent No. 2 has been convicted for a lesser offence under Section 306 (under which charges were not framed) and by an order of sentence dated 20.09.2023, the respondent no. 2 has been sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs.10,000/- and in default of payment of the same, he has further been directed to undergo a