DILIP KUMAR SINHA, J. - (1.) THE present Cr. Appeal is directed against the judgment of conviction of the appellants under Section 304B read with Section 120B I.P.C. and order of sentence passed against them whereby each of them have been directed to undergo rigorous imprisonment for a term of 10 years by the 3rd Addl. Sessions Judge, Dhanbad but without separate sentence under Section 120B I.P.C. in Sessions Trial No. 97/1993.
(2.) THE prosecution story lies in a narrow compass, based upon the statement of the informant P.W. 4 Ranjit Jaiswal presented before the Kenduadih Police, Dhanbad giving rise to Kenduadih P.S. Case No. 198/1992. The informant narrated in respect of a cognizable offence that his sister Geeta Jaiswal was burnt to death by her husband Dharmendra Jaiswal, father -in -law Ramchandra Jaiswal, elder brothers of her husband Lavkush Jaiswal, Nand Kishore Jaiswal, Kali Charan Jaiswal, Pancham Jaiswal and the wife of Pancham Jaiswal. The occurrence took place on 27.10.92 at about 11 p.m. and his sister Geeta Jaiswal succumbed to her injuries at about 10.40 a.m. on the day of reporting (28.10.92). Disclosing the genesis, the informant narrated that he had presented Rs. 35,000/ - in cash, chain, two rings, wrist watch, ear rings, wrist let on the eve of her marriage but the accused persons were insisting him and putting pressure to deliver a colour T.V. and a scooter to which the informant had expressed inability to meet out their demands. In the night, prior to the alleged occurrence, when the informant had visited the matrimonial home of Geeta (since deceased) at Kenduadih, he found her in -laws abusing her and she was weeping in a corner of the room. However, on extending consolation and solace to her the informant returned to Dhanbad to call on his elder sister. Having been received information at about 2 a.m. in the said night through Pancham Jaiswal and Nand Kishore Jaiswal that Geeta had sustained burn injury in her matrimonial home, the informant with his elder brother -in -law P.W.3 Suresh Chandra Jaiswal went to the Hospital and found his sister in a state of completely burnt. The written report (Ext. 1) speaks alleging someone (Probably wife of Pancham Jaiswal) that she had threatened that Geeta would no longer be allowed to remain alive as because her marriage with Dharmendra Jaiswal deprived her sister to marry Dharmendra and such anguish of the accused was earlier communicated to the informant. It was further alleged that prior to her death Geeta was tortured and assaulted by her husband, his father and brothers of the husband and thereafter she was done to death pursuant to meeting of their minds. The police after investigation submitted charge -sheet against 7 accused persons and they were put on trial by the 3rd Additional Sessions Judge, Dhandbad for the charge under Section 304B read with Section 120B I.P.C. However except the appellants herein, other three accused were acquitted.
(3.) THE prosecution produced and examined altogether 10 witnesses and proved several documents as exhibits.;