D.P.SINGH, J. - (1.) BOTH the appellants have preferred this appeal against the judgment of conviction dated 31.7.2002 and sentence dated 1.8.2002 passed in Sessions Trial No. 291 of 1995 by Additional Sessions Judge, Daltonganj whereby and whereunder both the appellants stand convicted under Sec. 304 -B/201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and three years each respectively and both the sentences to run concurrently.
(2.) BRIEF facts leading to this appeal are that the appellant No. 1 Was married with one Surti Devi in the year 1990. It is further asserted that one month before this incident and appellant No. 1 came to his in -laws and asked them to send the girl with him otherwise he would remarry with another girl. The appellant No. 1 was suggested by his in -laws that they will send the girl after consulting his father. However the appellants again came on 13.3.1994 and took away the victim on 14.3.1994. According to prosecution case, P.W. 1 Bhim Mahto brother of the deceased went to village Kolhura on 16,4.1994 to know about the welfare of the girl when he was asked by the appellants to bring Rs. 15,000 cash and one motorcycle before his sister would be sent with him. Further stated on 21.4.1994 P.W. 4 Lallu Mahto informed them that Surti Devi has died and her last rites have been performed by the appellants. The informant hearing this rushed to the village Kolhura to find the appellants absconding. The villagers informed him that Surti Devi has died and her last rites have been performed. Thereafter he lodged a written report to Hariharganj police on 24.4.1994 against both the appellants on the basis of which Hariharganj P.S. case No. 27 of 1994 have been registered under Sec. 304 -B of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act. The police started investigation and finally submitted charge -sheet against these appellants under Sec. 304 -B/201 of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act. The trial of the appellants was committed to the Court of sessions where they were charged on 2.9.1997 for the aforesaid offences to which they pleaded not guilty. However the learned trial Court found and held them guilty for both the offences and sentenced them to serve R.I. for seven years and three years respectively under Sec. 304 -B/201 of the Indian Penal Code.
(3.) THE present appeal has been preferred mainly on the grounds that the learned trial Court has not considered the contradictions in the evidence of prosecution witnesses. It has further been asserted that the story of dowry demands and torture for non -fulfillment of the same has not been proved by the prosecution. It was pointed out that the deceased died due to diarrhea, which has been brought on record by D.Ws. 1 to 3. Therefore the presumption that she died for non -fulfillment of dowry demands is misplaced and misconceived. The non -examination of the I.O. has also been highlighted. Accordingly, the learned Counsel for the appellants Mr. T.R. Bajaj submitted that the appellants deserve to be acquitted of the charges.;