VISHNUDEO NARAYAN, J. - (1.) THESE appeals have been preferred by the appellants named above against the impugned judgment and order dated 17.8.2000 passed by Shri Shyam Kishore Sharma, 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 28 of 1998 whereby and whereunder both the appellants were found guilty for the offence punishable under Section 304(B) read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for ten years each.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P.W. 5, Vijay Bedia, the informant and brother of Budhni Devi, the deceased of, this case recorded by P.W. 8, S.1. N. Singh Gautam, Kosi Kujju O.P. Camp Orla on 25.3.1997 at the house of the appellant at 10.30 hours regarding the occurrence which is said to have taken place in the night between 24th -25th of March, 1997 at village Orla P.S. Mandu. District -Hazaribagh in which dowry death of Budhni Devi, wife of appellant, Hirwa Bedia was committed and the case was instituted by drawing a formal F.I.R. (Ext. 4) on 25.3.1997 at 17.00 hours at Mandu P.S. which was received in the Court empowered to take cognizance on the following day. The prosecution case, in brief, is that the marriage of Budhni Devi was solemnized with appellant Hirwa Bedia, son of appellant Tilak Bedia one year prior to the occurrence and after the marriage she was leading her conjugal life with appellant Hirwa Bedia in her matrimonial home and during the period of her stay in her matrimonial home she has visited her parent's house twice and on that occasions she had stated to the informant that appellant Hirwa Bedia asks her to demand money from the informant for doing some business and she is intimidated by him to be assaulted for the fulfilment of the said demand and appellant Tilak Bedia also instigates him in giving intimidation to her in respect thereof. It is alleged that the informant used to send her back to her matrimonial home persuading her. It is alleged that the informant went to the house of the appellants on 21.3.1997 on the eve of the 'Holi'to bring her sister Budhni Devi back to his house but returned alone from there as the appellants were not present there. The prosecution case further is that one unknown man, resident of village -Orla of the appellants came to the house of the informant at 9 o'clock in the morning on 25.3.1997 and gave information regarding the death of Budhni Devi and on this information the informant in the company of his uncle P.W. 6, Ramdeo Bedia and cousin brother P.W. 4, Aklu Bedia went to village Orla and found the dead body of Budhni Devi lying on the cot in the courtyard of her matrimonial home and there was froath oozing out from her mouth and nose and on query he learnt that both the appellants had abused and rebucked her and also intimidated her for the fulfilment of the demand of money and probably she was also assaulted and as a result of which she took poison which led to her death in the night.
(3.) THE appellants had pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case. It has been contended that Budhni Devi has died due to snake bite.;