- (1.) HEARD learned counsellor the appellants and learned counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction dated 28.1.2002 and order of sentence dated 30.1.2002 passed by Shri Ravindra Prasad Ravi, 8th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 408 of 1997 by which judgment learned Additional Sessions Judge found all the four appellants guilty under Section 304B of the Indian Penal Code and sentenced the appellants to undergo R.I. for ten years. Since both the appeals arise out from the single judgment of conviction and sentence, hence both the appeals were taken up together and heard. Both the appeals are being disposed of by the single judgment. It is submitted by learned counsel for the appellant that from the evidences adduced it will be found that there is no allegation that appellant Jai Narain Mahto, Kansi Mahto and Sudama Prasad Mehta tortured the victim for any demand of dowry. The prosecution has earlier never made any complain to the police station or to the panchayat that there was any torture with regard to the dowry to the victim girl. The prosecution evidences also shows that the victim girl died an accidental death and the appellants have falsely been implicated in this case and as such the conviction and sentence against the appellants is bad in law and fit to be set aside.
(3.) ON the other hand learned counsel for the State has submitted that all the prosecution witnesses have proved beyond all reasonable doubt that the victim girl namely Kanti Devi died within seven years of her marriage at her Sasural a unnatural death, and the defence has failed to give any explanation and as such all the appellants are responsible for causing the dowry, death of the victim and as such they have rightly been convicted.;