D.P.SINGH, J. - (1.) SINCE both the appeals, arise out of common judgment, are heard together and are being disposed of by this common judgment.
(2.) BOTH the appeals are directed against the judgment of conviction and order of sentence dated 8.8.2001 and 13.8.2001 passed by First Additional Sessions Judge, Hazaribagh in Sessions Trial No. 39/95, whereby and whereunder the learned Sessions Judge held appellants Hardu Rana and Nageshwar Rana guilty under Sections 304 -B and 201, IPC and convicted and sentenced them to undergo RI for seven years and three years respectively. However, sentences were directed to run concurrently. Appellant Tribeni Sao was held guilty under Sec. 201, IPC only and he was convicted and sentenced to undergo RI for three years. The brief facts leading to these appeals are that one Bina Devi, daughter of Ramlal Rana, PW 3 was married with appellant Nageshwr Rana 3 -4 years before the alleged date of occurrence. According to the informant, his son -in -law used to demand Rs. 10,000.00 from the deceased by way of dowry for which she was being ill -treated and tortured by the. family members of the appellants. Further stated about ten days prior to her death appellant Nageshwar came to his house and demanded Rs. 10,000.00 and on his showing inability, he went away threatening the informant. Further stated next day his daughter Bina came and informed him that she has been assaulted and sent to bring the money. Thereafter the informant along with her daughter went to her in -laws with 16 kgs of rice and one sort However, he was not treated well in the house of the appellants, so he returned next day. As per prosecution version, within seven days on 9.9.1993 appellant Tribeni along with others arrived at his house and informed the informant regarding the death of his daughter. Thereafter PW 5, his son, along with other witnesses went to the house of appellants to find Bina dead with apparent marks of violence on her body. According to the informant, when they inquired about this incriminating circumstance, they were threatened by the villagers and forced to declare before the police that Bina died due to diarrhea as well forced to sign on a written application.
(3.) THE informant preferred to lodge complaint before the Keredari police and ultimately his statement was recorded by Keredari police on 3.10.1993, on the basis of which Keredari P.S. Case No. 64/93 was registered under Sections 304 -B, 201/34, IPC against eight persons. Police after investigation submitted charge -sheet. The trial of the appellants along with others was committed to the Court of Sessions where charges were framed against all eight persons under Sec. 201/34, IPC and seven persons under Sec. 304 -B, IPC. The appellants pleaded not guilty and claimed false prosecution. Their specific plea was that Bina Devi died due to diarrhea and the informant side has taken part in the last rites. However, the learned trial Court after evaluating the evidences on record found and held these three appellants Hardu Rana, Nageshwar Rana and Tribeni Sao guilty and sentenced them as mentioned above.;