Mandhata Singh, J. - (1.) APPELLANT no. 1 is dead. It is verified, found true and the same is accepted. So, the appeal on his behalf is abated. Heard learned counsel for the petitioner -appellants, except appellant no. 1 and learned counsel for the State.
(2.) PROSECUTION case initiated on written application of Kashi Nath Singh (P.W.3), in brief, is that informant's niece Hira Devi was married with Rakesh Kumar Singh on 23.05.1990. After four months of the marriage, she was brought by the informant his home and she informed that mother -in -law, her husband and her brother -in -law were subjecting her to cruelty for demand of a motorcycle in dowry, for its non -fulfillment accused -appellants cut her hair. After one and half year, she was taken back by Rakesh Kumar Singh (Appellant no. 5) at her sasural, deceased's mother -in -law (appellant no. 1) instigated her to commit suicide by jumping in a well or on the railway line. After 6 -7 months again she came to the house of one, Bishwanath Singh in the same village. On her request Bishwanath Singh brought the deceased to the house of the informant. In the same night, all the story was narrated by her about causing of cruelty upon her at accused -appellants' hand. Further, it is said that brother -in -law namely, Dilip Singh again took the deceased to matrimonial home on assurance that no cruelty would be caused any more. On 26.05.1994, informant went to matrimonial home of the deceased. He was not allowed for four hours to meet the deceased. Anyhow he met his niece and found her lean and thin due to cruelty caused upon her for the demand of dowry. On 06.06.1994 at about 1.30 pm., one Atma Narayan Singh came to informant and informed about killing of his niece by mother -in -law, father -in -law, husband and brother -in -law. Informant rushed there in the next morning at 7.00 am. and did not find any member of the family there rather house was found closed (locked) and nearby people gathered and informed about administering of poison in food of the deceased at accused -appellants' hand and cremation of the dead body.
(3.) IN the case charge framed for the offence under Section 304B of the I.P.C. but trial is ended in the conviction and sentence under Section 498A of the I.P.C.;