VINOD KUMAR SINHA,J. - (1.) Both the appeals arise out of the judgment and order dated 7.5.2003 and 8.5.2003 passed by Sri. Vishwambhar Upadhyay, the then 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 6/95/28/96 whereby and whereunder he has convicted the appellants in both the appeals under Sections 304B/34, 498A and 201/34 of the Indian Penal Code and sentenced appellant Awadhesh Mahto to undergo rigorous imprisonment for ten years under Sections 304B/34 IPC whereas other appellants were sentenced to undergo rigorous imprisonment for seven years under Sections 304B/34 IPC and all the appellants were further sentenced to undergo rigorous imprisonment for three years under Section 201 IPC and no separate sentence was passed for the offence under Section 498A/34 IPC and all the sentences were directed to run concurrently.
(2.) Prosecution case, which was initiated on the basis of written report of P.W.9 Ghanshyam Prasad (informant), in short, is that he got her daughgter Malti Devi married with appellant Awadhesh Mahto according to Hindu rites and rituals and after marriage she was living in her matrimonial house and whenever she came to her parents' house she disclosed her grief and also disclosed about assault, torture and threat meted out to her with dire consequence if demand of Rs. 10,000/- as dowry was not fulfilled. Further prosecution case is that on 27.2.1992 she was killed at her matrimonial house and informant came to know regarding her death after one week of her death from the villagers and thereafter informant went to give application to the Officer-in-Charge of Barun Police Station but the same was not accepted and, as such, he filed a written report to the Superintendent of Police, Aurangabad on 7.3.1992 on which Barun P.S.Case No. 41 of 1992 was registered and police after investigation submitted charge sheet against all the appellants in both the appeals and after cognizance the case was committed to the court of sessions which ultimately traveled to the file of Sri. Vishwambhar Upadhyay, the then 1st Additional Sessions Judge, Aurangabad for trial and disposal.
(3.) Charges were framed under Sections 304B/34, 498A and 201 IPC against all the appellants.;