ADITYA KUMAR TRIVEDI, J.:–Appellant, Lal Kishore Singh who has been found guilty for an offence punishable under Section 304B of the IPC vide judgment of conviction dated 14.02.2012 and sentenced to undergo R.I. for 10 years vide order of sentence dated 16.02.2012 by Additional Sessions Judge, FTC-IInd, Sitamarhi in Sessions Trial No.408 of 2000/7 of 2009 challenged the same under present appeal.

2. PW-1, Md. Noman gave his fardbeyan on 28.08.1999 at about 11:00 A.M. before Officer-in-charge, Sitamarhi at Bhairo Kothi disclosing therein that on the same day at about 08:00 A.M. while he had gone to Bhairo Kothi Chowk, he came across the news that a girl wearing “Samij-Salwar” has been murdered and her dead body is lying South to village by the side of the road. He rushed and found thousand of people assembled there. He found the dead body. He made query from the persons with regard to identify of the dead body, but none had claimed. After close inspection of dead body he had seen blood coming out from right side of eyebrow. So, he apprehended that the girl might have been murdered at some other place and then her dead body was thrown to that place.

3. On the basis of the aforesaid fardbeyan, Sitamarhi P.S. Case No 265 of 1999 was registered against unknown and investigation commenced. It is apparent that during course of investigation, the dead body was identified that of Rajni Kumari wife of appellant, daughter of Lal Babu Chaudhary (PW-2) and Renu Devi (PW-5) and further taking into account the allegation along with cause of death on account of poison, charge sheet was submitted under Section 304(B), 201, 120B, 34 of the IPC and consequent thereupon, the appellant face trial and ultimately met with conviction and sentence, the subject matter of instant appeal.

4. Defence of the appellant as is evident from mode of cross-examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of complete denial of the occurrence. It has been pleaded that Rajni Devi was his wife who was suffering from ailment since before and as his condition deteriorated, on account thereof she was taken to Sadar Hospital, Sitamarhi on 29.08.1999 where she was treated as indoor patient and during course of treatment, she died. To support the same, apart from exhibiting series of documents, two DWs have also been examined.

5. In order to substantiate its case the prosecution had examined altogether eight PWs out of whom PW-1 is Md. Noman, informant, PW-2 is Lall Babu Chaudhary, father of deceased Rajni, PW-3 is Umesh Chaudahry, cousin uncle of deceased, PW-4 is Ganga Prasad Singh, a co-villager of appellant, having been declared hostile, PW-5 is Renu Devi, mother of deceased, PW-6 is Dr. Ashok Kumar Singh who had conducted postmortem, PW-7 is Devendra Prasad Chaudhary, the main Investigating Officer and PW-8 is Akshaywar Nath Mishra, the part Investigating Officer. The prosecution had also exhibited Ext.-1– Signature of informant over fardbeyan, Ext.1/1– Fardbeyan, Ext.-2–Positive photo of dead body, Ext.-3 – Postmortem Report, Ext.-4 – the explanation furnished by doctor with regard to postmortem report, Ext.-5 - inquest report, Ext.-6 – Viscera Report.

6. The defence had also examined two DWs out of whom DW-1 is Rama Shankar Prasad Singh while DW-2 is Ram Shankar Singh and had also exhibited Ext.-A–Letter dated 14.12.1998 written in pen of PW-2. Ext.-A/1–Letter in pen of PW-2 dated 07.12.1998, Ext.-B–Serial No.828 of outdoor register dated 29.08.1999, Ext.-C–Indoor Register Serial No.402 dated 29.08.1999, Ext.-D– Death register Entry No.30, Ext.-E–Death Certificate, Ext.-F–The letter written by PW-5 (under dispute).

7. While assailing judgment of conviction and sentence recorded by the learned lower court, it has been submitted on behalf of learned counsel for the appellant that instant case happens to be a glaring example of plantation. Furthermore, there happens to be numerous infirmities persisting in the prosecution cas