Rakesh Ranjan Prasad, J. - (1.) All the three appeals arising out of the same case were heard together and are being disposed of by this common judgment.
(2.) The appellant Shibu Mahto of Cr.App.(D.B) No. 243 of 2013 was put on trial along with seven others on the accusation of committing dowry death of his wife Urmila Devi and alternatively for committing her murder. The trial court while acquitting seven others of both the charges under Sec. 302/34 and 304B/34 of the Indian Penal Code and also the appellant Shibu Mahto of the charge under Sec. 302/34 of the Indian Penal Code did find the appellant Shibu Mahto guilty for the charge under Sec. 304 of the Indian Penal Code convicted the appellant for the said offence vide its judgment dated 22.2.2013 and sentenced him to undergo imprisonment for ten years vide its order dated 25.2.2013.
(3.) The case of the prosecution is that the deceased Urmila Devi was married to the appellant Shibu Mahto in the year 2009. After the marriage, husband, father -in -law, mother -in -law and other family members started subjecting her to cruelty on account of non -fulfillment of demand of dowry. In order to prevent the accused persons from subjecting the deceased to cruelty, 2.5 decimal of the land was transferred in the name of the appellant. Subsequently, a sum of Rs. 50,000/ - was also given to the members of the in -laws' family of the deceased for constructing a house. In spite of that, the appellant and other family members again started demanding money for purchasing tractor. When the appellant Ashru Sao (P.W.1), father of the deceased expressed his inability to meet the demand, they started subjecting the deceased to cruelty more. On getting this information, the informant came to her daughter's place on 7.9.2011 and made request to all the accused persons not to subject the deceased to cruelty and at the same time, he told them that he is unable to meet the demand.;