- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 13.8.2002 passed by Sri Nagendra Kumar, 2nd Additional Judicial Commissioner, Khunti in Sessions Trial No. 77 of 2000, by which judgment he found the appellants guilty under Section 304(6)/34 of the Indian Penal Code and sentenced them to undergo 10 years.
(2.) IT is submitted by the learned counsel for the appellants that the victim died due to diarrhea, has been supported by the prosecution witnesses i.e. P.Ws. 5 and 6. In that view of the matter, the appellants' conviction under Sections 304(6)/34 of the Indian Penal Code is bad in law and fit to be set aside. . On the other hand, learned counsel for the State has supported the finding and stated that all the witnesses have stated that the victim girl was being tortured for dowry and just after one year of the marriage she came to her parents house and later on both the appellants took her back to his house and within one week she was done to death. The doctor has also found that it was a case of poison although the viscera report has not been brought.
(3.) THE defence has failed to prove the defence of diarrhea and have not led any evidence to discharge their onus as to how she died within one year of the marriage and as such the presumption under Section 113 -B of the Evidence Act is against both the appellants.;