AMARESHWAR SAHAY, J. - (1.) BOTH the appeals arise out of the same impugned judgment and as such they have been heard together and are being disposed of by the common judgment.
(2.) THE two appellants Pradeep Singh and Sanjana Devi in Criminal Appeal No. 769/03 and the appellant Raja Lal Singh in Criminal Appeal No. 974/03 were tried together in Sessions Case No. 541/01 for the charges under Sections 304 -B/34 of the Indian Penal Code by the 3rd Additional District and Sessions Judge, Dhanbad. By the impugned judgment dated 4.6.2003, the appellants of both the appeals were convicted for the offence under Sections 304 -B/34 of the Indian Penal Code and were sentenced to undergo RI for a period of 10 years each. The facts in brief are that an FIR being Baghmara PS. Case No. 229/2000 was registered under Sections 304 -B/34 of the Indian Penal Code, against the three aforesaid appellants on the basis of the information given by Dasrath Singh (PW 5), wherein it was alleged that his daughter Gayatri Devi (the deceased) aged about 19 years, was married to the appellant Raja Lal Singh on 24.4.2000 and he had given dowry according to his capacity. His daughter came back after three months of her stay at her in -laws place and told him that her husband Raja Lal Singh her brother -in - law Pradeep Singh and her sister -in -law (Gotni) used to harass her for the demand of a Palang (Bed) and a Godrej Almirah. The informant assured his daughter to fulfill those demands in January and then his daughter went to her in -laws place. It was further alleged that subsequently, when he went to see his daughter at her in -laws place she again told him about the aforesaid demand of palang and Godrej Almirah by the appellants and then the informant talked to his son -in -law and his brother as well as his wife and promised them to fulfill the demand in January. It is said that on 28.11.2000 one Dunia Lal Singh came to the village of the informant and informed him that his daughter had died due to hanging. On this information the informant along with his sons Santosh Singh (PW 3), Bhola Singh and Bhagirath Singh went to village Behrakudar, i.e. the village in which his daughter was married and on reaching there he found that the dead body of his daughter was lying on a chauki kept in a room at the upper floor of the building of the appellants. On being asked, his son -in - law stated that the deceased had committed suicide by hanging herself with a ceiling fan by tying a sari around her neck. His son -in -law also told that since he was sleeping in the room and he could see her hanging only in the early morning when he woke up. On being further questioned by the informant, his son -in -law could not give satisfactory reply. The in -law and thereafter, a colour of suicide was given to the whole occurrence of murder. The police after investigation submitted charge -sheet under Sections 304 -B/34 of the IPC. The cognizance was taken and, thereafter the case was committed to the Court of Sessions.
(3.) THE defence was of false implication.;