PRAFULLA C.PANT,J. - (1.) Leave granted.
(2.) The appellants, who are sister-in-law and brother-in-law of the deceased, have challenged the judgment and order dated 09.12.2016 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 48 of 2014 whereby said Court has dismissed the criminal appeal affirming their conviction and sentence under Section 304B read with Section 34 of Indian Penal Code (IPC) recorded by the Ad hoc Additional District Judge, Purnea in Sessions Trial No. 1219 of 2010 (with Sessions Trial No. 617 of 2011).
(3.) Prosecution story, in brief, is that Tamkinat Ara @ Bulbul got married to Md. Parwez Alam on 30.09.2009 and she used to live in her in-laws' house. The prosecution case is that after her marriage deceased used to live with Md. Parwez Alam (husband), Abdul Gaffar (father-in-law), Baitun Nisha (mother-in-law), Bibi Parwana Khatoon (sister of husband) and her husband Md. Hasan (both appellants). It is alleged by the informant Md. Faisal PW-5 (brother of the deceased) that the deceased was killed by setting her on fire by all the above accused. On receiving telephonic information on 30.05.2010 from father-in-law of the deceased, PW-5 Md. Faisal went to see his sister and found that she had died of burn injuries. On the basis of First Information Report given by Md. Faisal Crime Case No. 184 of 2010 was registered relating to offence punishable under Section 304B read with Section 34 IPC against all the five accused at Police Station Khajanchi Hat, Madhubani. PW-7 Arti Kumari Jaiswal, Station House Officer, started investigation. Dead body of the deceased was sealed and sent for post mortem examination. PW-6 Dr. Umesh Kumar of Sadar Hospital, Purnea, conducted post mortem examination on the dead body of Tamkinat Ara and found following ante mortem injuries: - "(i) Rigor mortis present in all four limbs and trunk (ii) Tongue was protruded between teeth (iii) Burned (burnt) blood clot from/in ear opening (iv) 100% burn of five degree with smell. Key oil and roasted smell, line of redness along burn area absent, vesication and sign of inflammation was absent, formation of granulation tissue absent, indicating post mortem burnt." The Medical Officer opined that the deceased died of asphyxia due to strangulation. ;