AMARESHWAR SAHAY, J. - (1.) THE three accused persons namely Ram Dhani Sao, Basanti Devi and Sudamia Devi were charged for the offence under Section 304(B) read with Section 34 of the Indian Penal Code for committing down death of the deceased Renu Devi. During trial, the 3rd accused Sudamia Devi died. By the impugned judgment of conviction and order of sentence dated 19.02.2004 and 23.02.2004 respectively passed in Sessions Trial No. 333 of 1993, the Additional sessions Judge, Fast Track Court -Vth, Giridih convicted the rest of the two accused persons namely Ram Dhani Sao and Basanti Devi (Appellant herein) i.e. the mother -in -law and father -in -law of the deceased for the offence under Section 304 -B of the Indian Penal Code road with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years each.
(2.) DURING pendency of this appeal, the Appellant No.1 Ram Dhani Sao died and as such the appeal against him has abated. The remaining appellant Basanti Devi (Appellant No. 2) i.e. the mother -in -law of the deceased is now the sole appellant in the present appeal. According to the prosecution, the deceased Renu Devi was married with Suresh Sao, the son of the present appellant in the year, 1988 and thereafter, on 24th July, 1990, the deceased Renu Devi died at her in -law place in the house of the appellant under an abnormal circumstances. The cause of death, as per the Doctor (P.W. -7) was asphyxia due to hanging. Therefore, there is no dispute of the fact that the deceased died within seven years of her marriage and that she died otherwise than under normal circumstances.
(3.) THE prosecution case in short is that the husband of the deceased namely Suresh Sao was not happy after the marriage since he was not given motorcycle in the dowry by the in -laws and therefore, the Appellant No. 1 (now died) asked the informant either to give motorcycle or to given cash of Rs. 20,000/ -to the husband of the deceased and then only Bidai of the bride would be possible. Further case of the prosecution is that when the informant party showed their inability to fulfil the demand of dowry, the husband of in -laws as well as the aunt (Mausi Sas) carted torturing the deceased and ultimately she was done to death in the night of 24th July, 1990.;