Kailash Prasad Deo, J. - (1.) The instant Criminal Appeals have been preferred against a common judgment of conviction dated 30.01.2004 and order of sentence dated 31.01.2004, passed by learned Additional District and Sessions Judge, Fast Track Court, Koderma, in Sessions Trial No. 37 of 2002, whereby Bhatni Devi and Vijay @ Chhotan Yadav, both have been convicted by the learned Trial Court for offence punishable under Sections 304 (B) and 306 of the Indian Penal Code and awarded rigorous imprisonment for seven years under Section 304 (B) of the Indian Penal Code and rigorous imprisonment for five years under Section 306 of the Indian Penal Code and a fine of Rs. 10,000/-, in default of payment of fine further rigorous imprisonment for a term of one year and all the sentences are directed to run concurrently.
(2.) The prosecution case as made out in the First Informant Report is on the basis of a typed copy of written report filed by Mahavir Yadav (P.W. 7) before the Officer-in-Charge, Koderma Police Station on 03.07.2001. The informant has alleged that he has solemnized marriage of his daughter three years ago in April, 1999 with one Vijay @ Chhotan Yadav, son of Janaki Yadav and after her marriage his daughter remained peacefully at sasural for about one year and thereafter her husband Vijay @ Chhotan Yadav (appellant), father in law Janaki Yadav, mother-in-law Bhatni Devi (appellant), elder brother in law Sri Suresh Yadav and wife of Suresh Yadav, Birendra Yadav, Ashok Yadav, started demanding dowry and they used to torture his daughter by saying, that "bring a colour television and Rs. fifty thousand from your father, then you will be allowed to live peacefully" otherwise they will not allow her to live with them. The informant has further stated that, when his daughter said, that her father cannot give additional dowry, she was assaulted and she was not provided food and also threatened her with dire consequences by saying that if the dowry is not being given, she will be killed and thereafter her husband will solemnize second marriage where her husband would get excess gift and dowry. The informant has further alleged that today on 03.07.2001, Ashok Yadav came to his house and said that his daughter is not keeping well and asked him to come with them to see her at Sadar Hospital, Koderma, where the informant went to see her. The doctor has said that her daughter has taken poison, so she was referred to another hospital for better treatment but in the way, she died. The informant has claimed that his daughter has been killed by poisoning by the in-laws in greed of excess dowry.
(3.) On the basis of the written report, police instituted Koderma P.S. Case No. 260 of 2001 dated 03.07.2001 under Sections 498 A, 304 (B) of the Indian Penal Code.;