HARI SHANKAR PRASAD, J. - (1.) BOTH these appeals are directed against the judgment of conviction and order of sentence dated 10.5.2000 passed in Sessions Trial No. 282/96, whereby 'and whereunder the learned Sessions Judge, Giridih held all the three appellants guilty under Section 304(B) IPC and convicted and sentenced them to undergo Rl for seven years each.
(2.) PROSECUTION case in brief is that Dharam Thakur, informant, lodged an FIR with Bagodar police on 13.8.96 at 7 PM stating therein that on 12.8.96 at 8 PM in the night appellant Daleshwar Thakur came to his house and informed him that Shaili @ Hulsi Devi was suffering from diarrhoea and vomiting and requested him to visit his house to see her. Shaili @ Hulsi Devi is the daughter of informant Dharam Thakur. Next morning informant alongwith some co -villagers went to the house of the appellants and found his daughter dead but he learnt there from the villagers of the village of appellants that the appellants had murdered his daughter by pressing her neck and thereafter hanged her for dowry. Shaili @ Hulsi Devi was married in the year 1991 with Daleshwar Thakur and Dharam Thakur had given dowry according to his capacity and after Bidai of his daughter of her Sasural, she lived there for some time peacefully but thereafter, whenever she came to Naihar, she always complained for the ill -treatment meted out to her by her husband, mother -in -law, father -in -law, Debar etc. for bringing insufficient dowry and also that her father has sent a ghost in the house of the appellants. Further case of the prosecution is that whenever his Samadhi visited to his house, he always demanded more dowry and also requested to re -call the ghost, which he has sent otherwise Shaili @ Hulsi Devi will be driven out. Upon this information, Bagodar police registered a case under Section 304(B)/34 IPC and investigation was taken up and after investigation, police submitted chargesheet against the appellants. Cognizance of the offence was taken on the basis of report and case was committed to the court of sessions, where learned Sessions Judge recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid. Prosecution has examined 8 witnesses. PW 1 is Jainath Paswan, who is an assistant in operation theatre. PW 2 is Pokhan Thakur. PW 3 is Baleshwar Paswan, who is a taxi driver. PW 4 is Dharam Thakur, he is informant and father of deceased, Shaili @ Hulsi Devi. PW 5 is a doctor, who conducted the post mortem examination on the dead body of Shaili @ Hulsi Devi. PW 6 is Mahadeo Mahto, he has been declared hostile. PW -7 is Thakur Mahto, he has also been declared hostile. PW 8 is I.O. of the case, who conducted the investigation.
(3.) PW 4 is the most important witness in this case. According to this witness, Shaili @ Hulsi Devi was his daughter and she was married seven years before with appellant Daleshwar and after marriage his daughter went to her sasural and lived there for about a year and thereafter her mother -in -law, father -in -law, debar and her husband started quarreling with her on the issue of Tilak and dowry and they were complaining that alongwith daughter he (informant) has sent ghost in their house. Further according to this witness, when deceased Shaili @ Hulsi came to her naihar, she disclosed to him (PW 4) about the - quarrel and demand of dowry. 1 1/2 years before his son -in - law Daleshwar came to him and informed that his daughter is suffering from diarrhoea and he requested him to see his daughter but at that time it being night on that day, he went to her Sasurai next morning alongwith co -villagers and when he reached Pokharia, he saw his daughter lying dead on a cot. According to this witness, police came to village Pokharia, where he gave his fard beyan.;