R.K.Merathia, J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 23/10/2003 and 7/11/2003 respectively, passed by Sri Kumar Kamal, Additional Sessions Judge, F.T.C.-1, Bermo at Tenughat in S.T. No. 252 of 1995, convicting the appellants under Sections 304-B and 34, IPC and sentencing them to undergo rigorous imprisonment for ten years.
(2.) The informant-Ramjee Prasad (PW 13) lodged FIR on 28/2/1995 alleging inter alia that his daughter-Bina Devi, aged about 19 years, was married to Mahesh Prasad (appellant No. 1). During marriage, dowry was given, by which the accused persons were not satisfied and appellants and two brothers of appellant No. 1 used to make further demand of a Hero Honda Motorcycle and a Colour T.V. Due to nonfulfilment of the demand, they used to torture his daughter. His daughter remained fearful and worried as there was threat to her life. During proceeding "chhath" festival, his daughter was branded with hot iron rod near her waist and hand. The matter was settled after persuading her in-laws. On 27.2.1995 at 9. p.m., one Narayan Sonar informed him that his daughter has consumed poison and she is admitted in the hospital. Later, he changed his version that she had committed suicide by hanging herself. On this information, he along with his brother-Laxman Prasad (PW 11), Bigan Prasad (PW 12), Kartik Prasad (PW 10) and several others, went to village Badro and found his daughter dead.
(3.) Mr. B.M. Tripathy, learned counsel for the appellants, submitted as follows:- PWs 1 to 7, who are all co-villagers of the appellants, stated that Bina Devi died due to hanging. PWs 1 to 6 have been declared hostile. PW 9-Narayan Sonar stated that Dinesh, brother of appellant No. 1 told one Devi Das about the occurrence and Devi Das asked this witness to inform the informant that his daughter committed suicide. This witness has also been declared hostile. From the evidence, it appears that appellant No. 3-Kapuri Devi, mother of the deceased scolded and beaten the deceased due to excess salt in the vegetable, due to which she committed suicide by hanging. He further submitted that allegation of causing burn injuries by hot iron rod against appellant No. 3-mother-in-law has not been proved as PWs 8 and 11 said that they saw burn scar on lower abdomen/waist of the deceased, whereas PW 10 said that he did not see any injury on the dead body and the doctor (PW 14) said that burn scar mark may be 8-10 years old. The prosecution could not prove the cause of death. Investigating Officer has not been examined. No incriminating article was seized from the place of occurrence. None of the villagers of the appellants village-Badro, supported the prosecution case and they even did not take part in cremation of the dead body. The informant had to take the dead body for cremation to his village-Khurdgara. There was some dispute at the time of marriage, which has been given a colour of dowry death.;