- (1.) Heard the learned counsel for the appellants and learned counsel for the state.
(2.) The instant appeal is directed against the judgment of conviction dated 9.5.2001 and order of sentence dated 10.5.2001 passed by Sri Vinay Kumar Sinha, Additional Sessions Judge, Pakur in Sessions Trial Case No. 235 of 1998 | 45 of 1998 by which judgment appellant No. 1, Gora Sah has been found convicted u/s 304B and 498A/34 of the I.P.C and he has been sentenced to undergo R.I. for 10 years and 3 years respectively. Both the sentences are directed to run concurrently. Further appellant no. 2, Nitai Sah and appellant no.2 Nimay Sah have been convicted u/s 498A/34 I.P.C and sentenced to undergo R.I. for 3 years.
(3.) It is submitted by learned counsel for the appellants that conviction of the appellants is bad in law and fact of the case, since, there is no evidence against the appellants namely Nitai Sah and Nimay Sah to convict them u/s 498 A/34 of the I.P.C. He has also submitted that the evidence of the hostile witness, P.W.2 was not considered by the trial court since, the hostile witness, P.W.2 Panchanan Kr. Sah is own uncle of the decease and if his evidence is consider then the prosecution case will become doubtful and as such appellants should be acquitted.;