JUDGMENT

I.P. Singh, J.—These two appeals have been heard together as they are directed against the common judgment passed in Sessions Case No. 124/90/180/90 by Shri Kanhaiya Prasad Verma, Additional Sessions Judge, Bhagalpur convicting the appellants Surendra Mohan Ghose and Pranav Ghose under Section 304B of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for 10 years each. They have been further convicted under Section 498A of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years each. So far as the appellant, Smt. Sudha Rani Ghose is concerned, she was convicted under Section 304B of the Indian Penal Code and sentenced to undergo simple imprisonment for 10 years. Further she was also convicted under Section 498A of the Indian Penal Code and sentenced to undergo simple imprisonment for two years. All the sentences were ordered to run concurrently. Since these two appeals have been heard together this judgment will govern both of them.

2. Appellant Surendra Mohan Ghose is the father-in-law and Smt. Sudha Rani Ghose is the mother-in-law of the deceased Sujata Ghose. Appellant, Pranav Ghose alias Babloo is her husband. Sujata Ghose happened to be the daughter of Nitya Gopal Das (PW2). She was married to Pranav Ghosh on 14.5.1987. On 20.8.1989 between 1 p.m. to 2 p.m. Sujata Ghose sustained serious burn injuries at the house of her in-laws. She was removed to the local Medical College Hospital, Bhagalpur where she died at 4.45 p.m. on the same day. The fardbeyan (Ext. 9) of Sujit Kumar Das (PW11) was recorded on 20.8.1979 near bed No. 6 of Casualty Ward of the aforesaid Hospital.

3. According to the case of the prosecution soon after her marriage on 14.5.1987 the appellants started torturing her for bringing a fridge and a Scooter from her parents. Sujata Ghosh used to narrate these facts to her parents. Appellant, Pranav Ghosh, the husband of Sujata Ghosh also tortured her for the demand of these articles. It is further alleged that on 20.8.1979 Susanto Rai (PW9) came to the house of PW11 at about 4 p.m. and informed him that Sujata Ghosh has sustained burn injuries for which she was admitted in the hospital. Getting this information PW11 along with parents of Sujata Ghosh rushed to the hospital where they found the dead body of Sujata Ghosh which was severely burnt. They came to learn that Sujata Ghosh died at about 3.45 p.m. It further appears that her in-laws family performed last rites of Sujata Ghosh as they were allowed to do so by the parents of Sujata Ghosh. As stated above the fardbeyan was recorded in the Hospital and the police after completing investigation submitted charge-sheet. The case was tried by the learned Court below which ended in the conviction of the appellants in the manner as indicated above.

4. On behalf of the appellants certain questions of law have been raised which required to be properly discussed.

5. The appellants have been convicted under Section 304B of the Indian Penal Code which runs as follows:

“304B. Dowry Death—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with any relative shall be deemed to have caused her death.

Explanation—For the purpose of this sub-section, “dowry” shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961.

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.”

6. In this connection a reference may also be made to Section 113(A) of the Indian Evidence Act which runs as follows:

“113A. Presumption as to abetment of suicide by a married woman—When the question is whether the commission of suicide by a woman ha