IMPORTANT POINT
For disbelieving any evidence or document reasons have to be assigned.

JUDGMENT :

Prafulla C. Pant, J.

Leave granted.

2. The appellants, who are sister-in-law and brother-in-law of the deceased, have challenged the judgment and order dated 09.12.2016 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 48 of 2014 whereby said Court has dismissed the criminal appeal affirming their conviction and sentence under Section 304B read with Section 34 of Indian Penal Code (IPC) recorded by the Ad hoc Additional District Judge, Purnea in Sessions Trial No. 1219 of 2010 (with Sessions Trial No. 617 of 2011).

3. Prosecution story, in brief, is that Tamkinat Ara @ Bulbul got married to Md. Parwez Alam on 30.09.2009 and she used to live in her in-laws’ house. The prosecution case is that after her marriage deceased used to live with Md. Parwez Alam (husband), Abdul Gaffar (father-in-law), Baitun Nisha (mother-in-law), Bibi Parwana Khatoon (sister of husband) and her husband Md. Hasan (both appellants). It is alleged by the informant Md. Faisal PW-5 (brother of the deceased) that the deceased was killed by setting her on fire by all the above accused. On receiving telephonic information on 30.05.2010 from father-in-law of the deceased, PW-5 Md. Faisal went to see his sister and found that she had died of burn injuries. On the basis of First Information Report given by Md. Faisal Crime Case No. 184 of 2010 was registered relating to offence punishable under Section 304B read with Section 34 IPC against all the five accused at Police Station Khajanchi Hat, Madhubani. PW-7 Arti Kumari Jaiswal, Station House Officer, started investigation. Dead body of the deceased was sealed and sent for post mortem examination. PW-6 Dr. Umesh Kumar of Sadar Hospital, Purnea, conducted post mortem examination on the dead body of Tamkinat Ara and found following ante mortem injuries: -

“(i) Rigor mortis present in all four limbs and trunk

(ii) Tongue was protruded between teeth

(iii) Burned (burnt) blood clot from/in ear opening

(iv) 100% burn of five degree with smell. Key oil and roasted smell, line of redness along burn area absent, vesication and sign of inflammation was absent, formation of granulation tissue absent, indicating post mortem burnt.”

The Medical Officer opined that the deceased died of asphyxia due to strangulation.

4. Later, investigation was taken over by PW-8 Lal Babu Prasad who submitted charge sheet against all the five accused. Accused Baitun Nisha (mother-in-law of the deceased) died during the course of trial, as such, case as against her stood abated and the trial court proceeded against remaining four accused.

5. After framing charge against the accused, the trial court recorded the evidence of PW-1 Syed Masuf Ahmad, PW-2 Md. Azam Rad, PW-3 Samim Akhtar, PW-4 Taleba Kauser (brother of the deceased), PW-5 Md. Faisal (brother of the deceased and informant), PW-6 Dr. Umesh Kumar (who conducted post mortem examination), PW-7 Arti Kumari Jaiswal (who started investigation) and PW-8 Lal Babu Prasad (who concluded the investigation).

6. The prosecution evidence appears to have been put to the accused under Section 313 of Criminal Procedure Code whereafter, on behalf of the accused, defence evidence was adduced, and DW-1 Md. Mozammil Hussain, DW-2 Md. Shamim, DW-3 Manish Kumar Srivastava, DW-4 Raghunandan Yadav, DW-5 Rahul Kumar, DW-6 Mukesh Kumar, DW-7 Nakir Yadav, DW-8 Dhani Yadav, DW-9 Md. Jasir and DW-10 Sanni Yadav, were got examined.

7. The trial court, after hearing the parties, found all the four accused guilty of offence punishable under Section 304B read with Section 34 IPC, and convicted them accordingly. Md. Parwez Alam (husband of the deceased) was sentenced to rigorous imprisonment for ten years, and each one of the remaining three convicts was sentenced to seven years rigorous imprisonment.

8. Aggrieved by the judgment and order dated 19.11.2013/ 26.11.2013, passed by the trial court in Sessions Trial No. 1219 of 2010 (with Sessions Trial No. 617 of 2011), whereby the accuse