HEMANT KUMAR SRIVASTAVA, J.:–This Criminal Appeal has been preferred against the judgment of conviction dated 25-02-1995 and order of sentence dated 28-02-1995 passed by learned Vth Additional Sessions Judge, Patna in Sessions Trial No. 789 of 1993/07 of 1993 by which and whereunder, all the above-named appellants have been convicted for the offence punishable under Sections-498A/34, 304(B)/34 of the Indian Penal Code and Section-4 of Dowry Prohibition Act and accordingly, they were sentenced to undergo rigorous imprisonment for 10 years for commission of the offence punishable under Section-304(B)/34 of the Indian Penal Code, to undergo rigorous imprisonment for one year for commission of the offence punishable under Section-498A/34 of the Indian Penal Code, to undergo rigorous imprisonment for one year for commission of the offence punishable under Section-4 of Dowry Prohibition Act.

2. I may notice the fact and circumstances of the case on the basis of materials available on the record.

3. P.W. 1 Mehi Lal gave a written report to officer-in-charge of Masaurhi Police Station on 28-10-1992 to this effect that the marriage of his daughter, namely, Usha Devi was solemnized in the year, 1986 with the appellant No. 1, namely, Chanardhan Yadav but after some days of the marriage, appellants started demanding more money in dowry and also started torturing his daughter and whenever, he or his son went to the house of appellants, they were not allowed to meet his daughter and the appellants used to demand Rs 15,000/- in dowry. He further stated in his written report that he could not meet the aforesaid demand due to his poverty though he assured the appellants to fulfill the aforesaid demand after sometime and on 26-10-1992, Rajeshwar Prasad of village-Jagpura informed him that on 25-10-1992, in between 10-11 hours, he had seen the appellants Ramdahin Yadav, Chanardhan Yadav and Paramdhan Yadav carrying the dead body of Usha Devi on cot towards South-West of Lal Bigha and they put her on the railway line and she was cut by train coming by Gaya side. After getting the aforesaid information, he rushed to village-Jagpura Bigha and made inquiry from appellants, Ramdahin Yadav and Chanardhan Yadav but they told that his daughter died due to illness. He also inquired from them as to why they had not given any information to him before cremation of dead body of his daughter but the appellants became angry and after that, he inquired from the villagers and came to know that since last 5 to 6 days, appellants were mounting pressure upon his daughter to fetch Rs 15,000/- from her natal place and the appellants used to assault her and also stopped providing her meal. He further stated in his written report that he along with Rajeshwar Prasad, Ram Babu Yadav and Suryadeo Yadav went near the railway line where, he found blood in huge quantity on the railway track. He also came to know that the dead body of his daughter was cremated at Gulariya Bigha in Dardha river and, thereafter, he went to Gulariya Bigha, where he found sign of burning of dead body.

4. On the basis of aforesaid written report, Masaurhi P.S. Case No. 263 of 1992 under Sections-498A, 304(B), 201/34 of the Indian Penal Code was registered and, accordingly, formal FIR for the above-said offences against the appellants was drawn up. After investigation, police submitted charge sheet for the offences punishable under Sections-498A. 304(B), 201/34 of the Indian Penal Code and Section-3/4 of Dowry Prohibition Act and the learned Additional Chief Judicial Magistrate, Patna took cognizance of the above-said offences and committed the case to the court of sessions, in usual way.

5. Appellants stood trial and they were charged for the offences punishable under Sections-498A/34, 304(B)/34 and 201/34 of the Indian Penal Code as well as Section-4 of Dowry Prohibition Act. Appellants denied the charges and claimed to be tried.

6. In course of trial, prosecution examined, altogether, 7 witnesses an

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