D.P.SINGH, J. - (1.) BOTH the appeals arising out of common judgment have been taken together to be disposed of together. The appellants have been convicted under Sec. 498A and 304B/34 of the Indian Penal Code in S.T. No. 88 of 2000 passed by Sessions Judge, Palamau whereby and whereunder both the appellants have been sentenced to undergo rigorous imprisonment for 10 years under Sec. 304B of the Indian Penal Code, however no separate sentence has been awarded under Sec. 498A of the Indian Penal Code.
(2.) BRIEF facts leading to their conviction are that Kanchan Kumari sister of Informant Manoj Kumar Rajak was married with appellant Badesh Rajak of Chaura village P.S. Lesli Ganj who died within two years of her marriage with burn injuries. The informant has further asserted that her sister used to complain regarding ill treatment by her in laws for not bringing sufficient dowry earlier. According to informant, P.W. 3, his sister Kanchan Kumari has come to her Naihar to appear in matric examination and she was taken back by the appellants on 6.6.1999. He further asserted that Kanchan was not willing to go back out of fear that she will be against subjected to torture for dowry by the appellants. However she was sent back with the appellant to her matrimonial house. The informant got news in the morning of 8.6.1999 that her sister has died. He went to Chaura village and found his sister dead with burn injuries. Thereafter he informed the police; police arrived at the house of the appellant and recorded his statement. The dead boy was seized; inquest report prepared and post mortem was conducted. The Lesli Ganj police on this written information registered Lesli Ganj P.S. Case No. 29 of 1999 on 8.6.99. The police further investigated the case and finally submitted charge sheet against both of the appellants under Section 496A, 304B/34 of the Indian Penal Code. The case was committed for trial by the court of sessions. The learned lower court has framed charge against both of them under Sec.304B, 498A/34 of the Indian Penal Code. The trial Court after examining witnesses of prosecution and defence found and held both of them guilty under Sec.304B/34 of the Indian Penal Code and sentenced them to serve R.I for ten years.
(3.) BOTH the appellants have filed separate appeal against their conviction asserting therein that the learned lower court has committed mistake of facts and law. According to their learned Counsel, the prosecution story that she was subjected to torture for dowry demands has not been proved beyond reasonable doubts. It is further submitted that the learned lower court has not appreciated the fact that information regarding death of Kanchan Kumari was given to them by the appellants and they have not concealed the fact that Kanchan Kumari died due to accidental fire. It is further submitted that the deceased was brought to hospital Tumbagarha for her treatment just after the accident but she could not survive it is further asserted that in the entire prosecution version the demand of dowry has been made at belated stage and it is not connected with the death of Kanchan Kumari. It is also asserted that the learned lower court has not given due consideration to the defence version and ignored the DWs who were independent and truthful.;