- (1.) Leave granted.
(2.) The appellant stood charged under Sections 302 and 306 IPC. The learned trial Judge, however came to hold that the prosecution has failed to establish the case under Section 302, IPC and as such acquitted him of the said charge. Appellant's acquittal having reached its finality, the same not having been assailed by the State in appeal. But, on the basis of the evidence of the three witnesses, namely, PWs. 2, 3 and 5, the appellant was convicted under Section 304-B IPC and sentenced to imprisonment for seven years. On appeal, the High Court reconsidered the evidence of the said three witnesses and dismissed the appeal, hence the present appeal.
(3.) It is contended by the learned counsel for the appellant that the charge was in respect of the incident that happened on 29th of July, 1986 and Section 304-B IPC was brought into the Statute Book on 19th November, 1986 and as such the conviction under Section 304-B, IPC cannot be sustained. The contention is unassailable. The learned Sessions Judge as well as the High Court, therefore, committed error in convicting the appellant under Section 304-B, IPC. We, therefore, set aside the said conviction and sentence passed thereunder.;