VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellants has been directed against the impugned judgment and order dated 27.2.1999 and 13.3.1999 respectively passed in Sessions Case No. 45 of 1998 by Sri Hari Shankar Prasad, Sessions Judge, Dumka, Santhal Pargana whereby and whereunder the appellants were found guilty for the offence punishable under Section 498 -A and 304 -B of the Indian Penal Code and they were accordingly convicted and sentenced to undergo R.I. for ten years each under Section 304 -B of the Indian Penal Code. However, no sentence was awarded to them for the offence under Section 498 -A of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 2, Suresh Sah, the father of Lucho Devi, the deceased in this case, recorded by I.O., PW 7 S.I. Suresh O/C Saraiyahat P.S. on 31.7.1997 at 10.00 hours at the house of the appellant in village Titmo P.S. Saraiyahat District Dumka regarding the occurrence which is said to have taken place between 30.7.1997 and 31.7.1997 in the house of the appellant and a case was instituted by drawing of a formal FIR (Ext. 5) on 31.7.1997 at 13.30 hours and the fardbeyan and the formal FIR have been received on 2.8.1997 in the Court empowered to take cognizance. The prosecution case, in brief, is that the marriage of Lucho Devi, daughter of the informant (PW 2) was solemnized with appellant Suresh Sah in the month of May, 1996 in accordance with Hindu religion and rites and a demand of wrist watch and cycle was made in the said marriage which could not be fulfilled because of the poverty Of the informant. It is alleged that the informant had gone to see his daughter, Lucho Devi at her matrimonial home in village Titmo and she was insisting him to take her to his house and she was weeping and she told him that she is assaulted by all the appellants due to non -fulfilment of their demand of wrist watch and cycle and she is also not provided with food by them and she is asked by them to make the demand of cycle and wrist watch from her father. It is further alleged that he tried to make Lucho Devi understand and also requested the appellants not to assault and torture her and thereafter he returned to his village Bhikhanpur P.S. Bousi District Banka. The prosecution case further is that he was uprooting paddy seedlings in his field in the morning of 31.7.1997 and PW 4, Bhawesh Sah, the son of his sarhoo and resident of village Titmo came there and told him that Lucho Devi has been done to death by the appellants by throttling her on 30.7.1997 and they have fled away from their house closing the door from outside and on this Information he along with his other family members came to the house of the appellants and found the door of their house closed and after opening the door he went inside the house and found Lucho Devi lying dead in the middle room of the house and on query from neighbours of the appellant he learnt that she has been done to death by the appellants after assaulting her on 30.7.1997 itself. Lastly it has been alleged that she has been done to death as the demand of dowry made by the appellants was not fulfilled.
(3.) THE appellants have 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 on mere suspicion and the deceased has committed suicide.;