- (1.) BOTH the appellants stand convicted for the offence under Section 498 -A of the Indian Penal Code and sentenced to serve rigorous imprisonment for three years by the 1st Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 108 of 1997, 49 of 1997.
(2.) BRIEFS facts leading to this appeal are that Urmila Devi was married with Fagu Mahto, son of these two appellants. In the summer of 1995, it is further stated that during marriage, the informant Kahani Mahto has given gifts etc, as per his status. It is further stated that for sometimes, his daughter and son -in -law were happy till Fagu Mahto starting demanding Rs. 5000/ -in cash, wristwatch and cycle etc. In the result, Urmila Devi was tortured by all her in -laws. As stated on 27th November 1996, Fagu Mahto came to the informant and informed him that Urmila was ill. However, immediately, the informant came to know that Urmila Devi was dead. Thereafter, the informant reached at the house of the appellants to find that his daughter Urmila was lying dead in village -Baradih. These facts were also narrated to Nawadih police at about 9 a. m. and on the basis of which Nawadih Police Station Case No. 88 of 1996 under Sections 302/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act was instituted against three accused persons.
(3.) THE police investigated the case and finally submitted charge -sheet against all the three accused persons under Sections 302/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Their case was committed for trial to the Court of Sessions. The learned lower Court framed charges against the three accused persons under Sections 302/304 -B/ 34 of the Indian Penal Code. The trial Court after examining the witnesses found and held the appellants guilty under Section 498 -A of the Indian penal Code. The trial Court has acquitted all the accused persons from the charges under Sections 302 and 304 -B of the Indian Penal Code.;