- (1.)THIS appeal has been filed against the judgment of conviction dated 06 -08 -2011 and order of sentence dated 09 -08 -2011 passed by Ad -hoc Additional Sessions Judge, VIth Saharsa in Session Trial No.43 of 2007 convicting both the appellants, namely, Nandlal Das, Sanday Das for an offence punishable under Section 304(B)/34, 498(A), 323 IPC, 4 of Do wry Prohibition Act and directed each of them to undergo R.I. for seven years, R.I. for three years as well as fine of Rs.2000/ - in default thereof to undergo imprisonment of three months additionally, R.I. for one year, R.I. for two years as well as fine of Rs.3000/ - in default thereof to undergo imprisonment of three months additionally respectively with a further direction to run the sentences concurrently.
(2.)PW -5, Bhutto Paswan gave his far dbeyan on 08.04.2006 at about 10:30 A.M. at village -Malandha divulging therein that on the same day at about 08:00 A.M. while he was at his house, he came across the news with regard to death of wife of Sanjay Das on account of severely beating in the preceding night. He rushed to the house of Sanjay Das and found the dead body lying at Verandah in front of East faced room. Froth was coming. Sanjay Das was absconding. The villagers on query have divulged that that there was quarrel amongst the family members and on account thereof, the mother of Sanjay Das had left for her another residence at village -Naya Nagar. He also came to know from the villagers with regard to lecherous activity of the Sanjay Das with the women who used to come at his flour mill and s o the informant was of the view that in connivance with other family members, she (deceased) was assaulted as well as administered poison resulting her death.
On the basis of the aforesaid fardbeyan, Basnahi P.S. Case No.16 of 2006 was registered and investigation was taken up. At first instance charge sheet was submitted only against these two appellants who faced the trial got convicted and sentenced the subject matter of present appeal. Latter on supplementary charge sheet was filed against Meena Dev i on the basis of which Sessions Trial No.50 of 2009 was registered. Both the Sessions Trials were independently conducted disposed of by two distinct judgments but on the same day having finding of conviction and sentence against all of them having challenged under two different appeals. However, there been analogous hearing but are disposed of by two distinct judgment.

(3.)THE defence of the appellant as is evident from mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C . along with examination of four DWs is of complete denial of the occurrence. It has further been pleaded that after coming to know about ailment of deceased she was being carried to hospital and during midst thereof, she died.