Ratnaker Bhengra, J. - (1.) This Criminal appeal is directed against the judgment of conviction dated 12.4.2002 and the order of sentence dated 16.4.2002 in S.T. No. 217 of 1992 passed by the learned, Additional District Judge -cum - Fast Track Court No. II Hazaribagh whereby the above named appellants have been found guilty for the offence punishable under Ss. 304B and 498A of the Indian Penal Code and accordingly, they have been convicted under both the sections, and appellant No. 2 has been sentenced to undergo rigorous imprisonment for seven years under Sec. 304B and one year under Sec. 498A of the Indian Penal Code. So far as appellant No. 1 is concerned, he has been sentenced to undergo rigorous imprisonment for ten years under Sec. 304B and two year under Sec. 498A of the Indian Penal Code. It has been ordered that both the sentences have been ordered to run concurrently.
(2.) The prosecution case in brief is, as per Fardbeyan given by one Indranath Mahto (P.W.2) informant before Officer Incharge of Barkagaon Police Station case No. 2 of 1991 on 8.1.1991, recorded under Ss. 498A/304B of the Indian Penal Code as also under Ss. 3 and 4 of the Dowry Prohibition Act against the accused persons that his sister Asha Devi was married to appellant No. 1 three years back and at the time of marriage according to his capacity a wrist watch, a bicycle, 40 tola Silver etc were given. After marriage his sister went to her Sasural and after one year from the time of marriage his brother -in -law i.e. appellant No. 1 started demanding 6 gms of gold (1/2 Tola) and Rs. 1500/ - cash and on account of that he started assaulting his sister and tortured her also. His sister used to complain about the same whenever he visited her or she came to her Naihar. It is further alleged that he had told his brother -in -law and his mother that his economic condition is not well at present and later on he will give them some money. But they continued to hit and assault his sister and a month back his sister came to his house and she told that they have(Appellant) sent her for bringing wheat whereupon 15 kg of wheat as seed and 4 kg of garlic were given to her. At that time also she(deceased) made complaint against the appellants. It is further alleged that after marriage of his sister, the daughter of the informant namely Savitri Kumari had also gone with the deceased who had also seen the assault and torture which was being committed against the deceased and ultimately it has been alleged that on 8.1.1991 at about 11 A.M while he was working in the field he received the information that his sister has died. The informant along with his father went to the house of his sister's -in -law where he saw the dead body of his sister lying on the cot. He has suspected that both the appellants have committed murder of his sister on account of non -fulfillment of above stated demand of 6 gms of Gold and Rs. 1500/ - cash and on the basis of above said information Barkagawan P.S. Case No. 2 of 1991 was lodged.
(3.) In order to prove the charges levelled against the accused persons/appellant, the prosecution has examined altogether six witnesses i.e.P.W.1 Savitri Kumari, P.W.2 Indranath Mahto, P.W.3 Bedi Mahto, P.W. 4 Dr. Shashi Bhushan Singh,P.W.5 Muleshwar Mahto and P.W.6 Arun Kumar Chaudhary.;