ASHWANI KUMAR SINGH, J.:–Both the appeals arise out of the judgment dated 22.2.2007 and the order dated 24.2.2007 passed by learned Additional Sessions Judge, Fast Track Court No.3, Sitamarhi in Sessions Trial No.131 of 2000/121 of 2003 convicting the appellants for the offence punishable under section 304B read with section 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years.

2. The first information report was registered on the basis of Fardbeyan of the informant, namely, Baby Nashrin which was recorded on 28.8.1997 at about 1.30 p.m. at Sadar Hospital, Sitamarhi by Devendra Prasad Chaudhary (P.W.9), the Sub.Inspector of Police, Sitamarhi Police Station. The case was initially registered for the offence punishable under sections 498A and 307 read with section 34 of the Indian Penal Code. However, since the informant subsequently died, section 304B of the Indian Penal Code was also added.

3. The informant stated in her fardbeyan that her mother-in-law, sister-in-law and father-in-law used to torture her frequently for bringing Rs.25,000/- from her parents. Her husband brought her to her parental home about 15-20 days back and had taken her minor daughter with him. About 4-5 days back her husband came to her parental home and took her to matrimonial home where she was living. On 28.8.1997 at about 11 a.m. her mother-in-law (Rakima Khatoon), father-in-law (Mustafa Rahmani) and sister-in-law (Nazma Khatoon) asked her as to why she had not brought money from her father. Her mother-in-law, thereafter, poured Kerosene oil on her body and her father-in-law set her on fire with aid of match stick, as a result, thereof, she sustained severe burn injuries. She was taken to hospital for treatment by her father and people of the locality.

4. The oral statement of the informant was reduced in writing by P.W.9 and a formal first information report being Sitamarhi P.S. Case No.237 of 1997 was registered against (i) Rakima Khatoon (mother-in-law) (ii) Mustafa Rahmani (father-in-law) and (iii) Nazma Khatoon (sister-in-law).

5. The case was investigated by the police and charge-sheet was submitted under section 304B/34 of the Indian Penal Code against all the accused persons showing the appellants as absconders. The Chief Judicial Magistrate, Sitamarhi thereafter took cognizance of the offence and committed the case of Rakima Khatoon and Nazma Khatoon to the court of sessions for trial. Since the appellants failed to appear in the court and, as such, their case was split up. The two lady accused, who were in attendance, were put on trial in separate Session Trial No. 97 of 1998 and were convicted.

6. Subsequently, the appellants were apprehended. It is to be noted here that though the appellant Md.Alamgir was initially not named in the first information report, the police found sufficient material against him in course of investigation and submitted charge-sheet against him too. Their cases were also committed to the court of sessions for trial. The appellants were charged for the offence punishable under section 304B read with section 34 of the Indian Penal Code and in the alternative, charge was also framed under section 302 read with section 34 of the Indian Penal Code.

7. The prosecution, in order to bring home the charges, examined 12 witnesses. They are Roshan Khatoon (P.W.1) mother of the deceased, Md. Jasim ((P.W.2) a neighbiour and independent witness, Md.Imam Hussain (P.W.3) father of the deceased, Razi Ahamd (P.W.4), Md.Chhote (P.W.5), Dr. Shiv Kumar Thakur (P.W.6), Md.Azimuddin (P.W.7), Md. Ataur Rahman (P.W.8), Devendra Prasad Chaudhary (P.W.9), Indrajit Baitha (P.W.10), Md. Taufique (P.W.11) and Md. Jehangir (P.W.12).

8. Razi Ahmad (P.W.4) and Md.Chhote (P.W.5) are witnesses to the seizure list prepared by the police in course of investigation but have been declared hostile by the prosecution. Md. Taufique (P.W.11) and Md. Jehangir (P.W.12) have also been declared hostile by the prosecution. It

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