D.P.SINGH, J. - (1.) THIS appeal has been preferred by the appellants against their conviction for the offence under Section 498A of the Indian Penal Code as each of them has been sentenced to serve rigorous imprisonment for three years while appellant Nos. 1, 4, 5 and 6 stand further convicted for the offence under Section 304(B) of the Indian Penal Code acquitting appellant Nos. 2 and 3, and sentenced to serve rigorous imprisonment for seven years each, by the Additional Sessions Judge, Bokaro in Sessions Trail No. 83 of 1995. However, both the sentences were directed to run concurrently.
(2.) FACTUAL backgrounds are as follows: Appellant No. 1 Ratan Mahato was married with Kumbha Devi, sister of informant, Mangal Chandra Gorain in the year 1990 with usual Hindu customs. According to the informant, after the marriage for nearly four years, they lived peacefully. However, since last one year, all the convicts were pressing Kumbha Devi for television and cash. Further alleged that Kumbha Devi was subjected to ill treatment because of non -fulfillmenl of above mentioned demands. Further alleged in the month of March just before the occurrence, a Panchayati was held in the house of convict Ratan Mahato at village -Chaufand in which Panches decided that Rs. 15,00/ - be paid to Rantan Mahato. After this, the sister of the informant went to live in her matrimonial house, however, convicts persisted on demanding television as before. As suited by the informant. (P.W.8), few days earlier of the occurrence, Bhongu Gorain, uncle of the informant has gone to meet the deceased, when he was not allowed and demand of television was reiterated. According to the informant, on 5.5.1995 in the afternoon, P.W.3 Bindeshwar Mahato came and informed him that the appellants have killed her sister by burn in their house. The informant rushed to village Chaufand along with his uncle and brother to find Kumbha Devi lying in serious condition due to burn injuries. He could not get any else as to what has happened from the appellants but the co -villagers of the appellants informed him that Kumbha Devi was burnt by the appellants in the noon.
(3.) THE informant reported the matter to Hurla Police Station in the evening and his statement was recorded, on the basis of which Hurla Police Station Case No. 49 of 1994 dated 5.5.1994 under Sections 304B and 498A of the Indian Penal Code was registered against all the accused. The police sent the dead body of the deceased for postmortem after preparing inquest report and finally submitted charge sheet against all of them. The trial of the accused was committed to the court of Sessions where charges were framed against all of them on 21.9.1995. The appellants pleaded not guilty and claimed false implication. The trial court after examining the witnesses, both prosecution and defence, found and held the appellants guilty under Section 498A of the Indian Penal Code, however, appellant Ratan Mahato, his mother, Aunt, grandmother were further found and held guilty under Section 304B of the Indian Penal Code and sentenced as stated above.;