Ratnaker Bhengra, J. - (1.) These Criminal Appeals have been preferred against the judgment of conviction and order of sentence dated 4.3.2003 and 6.3.2003 respectively passed by the Additional Judicial Commissioner -cum-Special Judge-IV, Ranchi in Sessions Trial No. 105 of 1996 arising out of Bariatu P.S. Case no. 32 of 1995, G.R. no. 771 of 1995 whereby and whereunder appellant Malti Devi was convicted u/s 304 B and 498A IPC and sentenced to undergo R.I. for seven years u/s 304B IPC. She was further sentenced to undergo R.I. for 2 years u/s 498A of the Indian Penal Code with a fine of Rs. 1000/- and in default thereof further sentenced for two months S.I. and both the sentences were directed to run concurrently. Appellant Niranjan Dubey was convicted u/s 498 A IPC and sentenced to undergo R.I. for 2 years u/s 498 A of the Indian Penal Code with fine of Rs. 1000/- and in default thereof S.I. for two months.
(2.) As per the report of O/c Baritu P.S. dated 16.9.2018 appellant in Cr.Appeal (S.J.) No. 350 of 2003 Malti Devi wife of Sarju Duibey has died and passed away. A death certificate of Malti Devi has also been annexed. Hence, appeal of the aforesaid appellant stands abated.
(3.) The case of prosecution as per fardbeyan of Ramashis Tiwary PW9 in brief is that the marriage of his sister Mina Devi daughter of Nidhu Tiwary had taken place with accused Niranjan Dubey on 22.4.1992 in Ranchi. After 2 to 3 months they took Mina Devi back to her parents' house at Palamau because of the ill treatment of the appellants. It is further alleged that when Mina Devi was in her in laws' house, the informant used to visit occasionally to his sister's house and Mina Devi used to complaint against the accused persons. Father-in-law of the deceased Saryu Dubey sent a letter and demanded money in order to purchase Auto Rickshaw for accused Niranjan Dubey. But they were not in a position to oblige the demand made by Saryu Dubey. Mina Devi gave birth to a male child in her parents' house. Thereafter, accused Niranjan Dubey came to the house of informant and took Mina Devi and child with him. Mina Devi was tortured and assaulted by the appellants. The informant received information in the shop on 29.3.1995 that his sister Mina Devi was burnt by the accused persons. On receipt of information informant rushed to RMCH hospital where he found his sister was completely burnt. Niranjan Dubey and Saryu Dubey told the informant that she sustained burn injury from the stove but the informant came to the locality where the neighbours of the accused persons disclosed that the accused persons have burnt the deceased Mina Devi. It is further alleged that Saryu Dubey wanted to kill his sister in order to perform second marriage of his son Niranjan Dubey. It is further said that 10 days prior to the occurrence the deceased had written a letter to his brother wherein there was clear cut allegation of assault by the accused persons.;