R.R. Prasad, J. - (1.) THIS appeal is directed against the judgment of conviction dated 20.6.2000 and order of sentence 27.6.2000 passed by 5 Additional Sessions Judge, Dhanbad in S.T. No. 539 of 1995 whereby, and whereunder learned Additional Sessions Judge having found the appellants guilty under Section 304B of the Indian Penal Code sentenced each of the appellants to undergo rigorous imprisonment for ten years.
(2.) THE facts giving rise this appeal are that the deceased Hinu Devi, daughter of Mukhteshwar Prasad (P.W.9) was married to the appellant Kali Charan Gope, son of other appellant Durga Ram Gope three years before the date of occurrence, i.e. 6.7.1995. After the marriage, both lived happily for some times. After one and half year, one daughter begotten out of their wed -lock. Thereafter accused persons started putting forth demand of Rs. 5000/ - on the plea that all the money given in dowry at the time of marriage has been spent in the delivery of the child. In order to get the demand fulfilled the accused persons used to held out threat of dire consequence. On 6.7.1995 the informant Mukhteshwar Prasad Yadav (P.W.9) was informed by Bikhan Gope that her daughter has died. The informant along with others, namely, Bhola Gope (P.W.1), Ganga Yadav (P.W.2) and others came to the place of her daughter where they found Hinu Devi lying dead on a cot and her body was full of marks which appeared to have been caused by assault. At the same time, they also noticed blood coming out of her private parts. They did not find accused persons in the house. However, in the meantime, Enamul Hembram (P.W.10), the then A.S.I posted at Govindpur Police Station on getting (sic) that some one has died at village Sundarpahari come over there and recorded the Fardbeyan (Ext.3) of Mukhteshwar Prasad Yadav (P.W.9) and took up the matter for investigation. He also had inquest on the dead body and prepared inquest report (Ext.5) as well as dead body challan (Ext.4). With those two documents, dead body was sent for post mortem examination which was conducted by Dr. Vinod Kumar (P.W.8), who in course of examination found ligature mark around the neck and also noticed of blood stain at the vulva. He issued post mortem examination report (Ext.2) with an opinion that death occurred due to asphyxia as a result of hanging.
(3.) AFTER completion of investigation, police submitted charge sheet against these three appellants as well as Jagannath Gope under Section 304B of the Indian Penal Code, upon which cognizance of the offence was taken. Upon committal of the case, charge was framed to which the accused persons pleaded not guilty and claimed to be tried.;