DINESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred by the sole appellant against the judgment of conviction dated 03.02.2001 and order of sentence dated 05.02.2001 passed by learned 6th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 95 of 1996 and Sessions Trial No. 622 of 1997 by which and whereunder he convicted the appellant for the offences punishable under Sections 304 B, 498 A of the Indian Penal Code and Section 4 of Dowry Prohibition Act and sentenced him to undergo rigorous imprisonment for ten years for the offence punishable under Section 304 B of the Indian Penal Code and to undergo rigorous imprisonment for two years for the offence punishable under Section 498 A of the Indian Penal Code. No separate sentence was awarded to the appellant for the offence punishable under Section 4 of Dowry Prohibition Act. However, learned trial court directed that both the sentences would run concurrently. The learned trial court acquitted the appellant for the offences punishable under Sections 302, 201/34, 120 B of the Indian Penal Code. By the same impugned judgment, the learned trial court acquitted the co-accused, Shambhu Mandal, Fulo Devi, Kailash Mandal, Pawan Kumar and Ganesh Mandal of the charges framed against them for the offences punishable under Sections 302, 201/34, 120 B, 304B, 498 A and Section 4 of Dowry Prohibition Act.

(3.) THE aforesaid S.I. P.C. Ram recorded his self statement and on the basis of aforesaid self statement, Sultanganj P.S. Case No. 133 of 1995 under Sections 376, 302, 201/34 of the Indian Penal Code was registered and on the same day formal first information report against unknown was prepared for the offences punishable under Sections 376, 302, 201/34 of the Indian Penal Code. The charge of investigation was given to S.I. S.K. Singh who has been examined before the trial court as P.W.11.