J.C.S. Rawat, J. - (1.) THIS appeal is directed against the judgment and order dated 17.3.1993 passed by 1 Additional Judicial Commissioner/Additional Sessions Judge, Ranchi in Sessions Trial No. 377/34 of 1988 by which the accused appellants have been convicted under Sections 302, 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and and each of them have been sentenced to imprisonment for life under Section 302 of the Indian Penal Code and three years rigorous imprisonment under Section 498A IPC and six months rigorous imprisonment under Section 4 of the Dowry Prohibition Act. All the sentences have been directed to run concurrently.
(2.) BRIEFLY stated, the facts of the case is that a written report was lodged by Talat Pravin -PW -7 who is the material aunt of Shama Khatoon, the deceased alleging that on 27.6.1985, it was informed to her that the deceased Shama Khatoon has sustained some burn injuries and she has been admitted in Rajendra Medical College and Hospital, Ranchi. Thereafter, PW -7, Talat Praveen, maternal aunt of the deceased, the mother of the deceased (PW -4 Najima Khatoon) and the brother of the deceased, (Saiyad Javed) reached at the hospital where they found that the deceased was on the bed and she had sustained burn injuries. When she was asked how she reserved the burn injuries, she told them that she had been burnt by her mother -in -law and husband. She however stated that she was tied up with rope and her mouth was closed by cloth and thereafter, kerosene oil was sprinkled upon her body and she was set to lire by match stick and consequently she received the burn injuries. It was further alleged in the fardbeyan that she was married to Md. Farooq @ Raju, the appellant No. 1 two years ago and he had been demanding a tape recorder. When the said demand was not fulfilled, her husband, Farooq, the appellant No. 1 used to assault her. It was further alleged that after 2 - 3 days, she died on 2.7.1985. Thereafter, the case was registered in the Police Station and the matter was investigated by the police. After completion of the investigation, the charge -sheet was submitted on 24.10.1985 After taking cognizance, the matter was committed to Court of Sessions and the Sessions Judge framed the charges. The accused -appellants denied all the charges and claimed to be tried.
(3.) THE prosecution, in support of its case, examined as many as ten witnesses. PW -1 Md. Azeem, uncle of the deceased, PW -2 S.S. Tarwej, the maternal uncle of the deceased PW -3 Shamim Akhtar, the brother of the deceased, PW -4 .Najma Khatoon, the mother of the deceased, PW - 5, Saiyad Javed, the maternal uncle of the deceased, PW -(5 Jebunissa, Sister of the deceased, PW -7 Talat Praveen, the maternal aunt of the deceased and the informant of the case, PW -8, Dr. Renu Bala, the doctor who conducted autopsy over the dead body of the deceased, PW -9 -Jugal Prasad, a formal witness who has proved the sanction order of the Deputy Commissioner sanctioning the prosecution of the appellants for the offence under Section 4 of the Dowry Prohibition Act and PW - 10,Ramashish Singh, the Investigating Officer, who has investigated the matter and submitted the charge -sheet.;