Pradeep Kumar, J. - (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 and order of sentence dated 19.8.2000 passed by Sri Bishwanath Prasad Singh, Sessions Jude, Giridih in Sessions Trial No. 98 of 1996 by which judgment all the appellants have been found guilty for the offence Under Section 304B, 498A and 201 of the I.P.C and they were convicted and sentenced to undergo R.I. for 7 years Under Section 304B, R.I. for 3 years and to pay a fine of Rs. 5000/ -, however no separate sentence was passed Under Section 201 of the I.P.C. All the sentences were directed to run concurrently. It is submitted by learned Counsel for the appellants that there is no evidence that the victim lady was subjected to torture for dowry after her marriage nor there is any evidence that till before her death she was tortured for dowry. In that view of the matter conviction of the appellants is bad in law and fit to be set aside. Further, it has been submitted that prosecution case was started after a long delay of 2 1/2 months. In that view of the matter, it appears that the prosecution case is false and concocted and has been lodged only as a after thought.
(3.) ON the other hand, learned Counsel for the state has supported the prosecution case and stated that all the prosecution witnesses have supported the fact that death was due to demand of dowry and constant torture and the victim lady died an unnatural death by catching fire within 4 years of her marriage and as such all the appellants have been rightly convicted and sentenced as aforesaid.;