The prosecution must prove its case beyond reasonable doubt in order to secure a conviction.

Aditya Kumar Trivedi, J.

1. Criminal Appeal (SJ) No. 230 of 2015 wherein Ajay Kumar Ghoshal is the appellant, Criminal Appeal (SJ) No. 232 of 2015 wherein Rashmi @ Rashmi Goswami is the appellant, Criminal Appeal (SJ) No. 243 of 2015 wherein Archana Banarjee is the appellant, Criminal Appeal (SJ) No. 275 of 2015 wherein Munmun Ghoshal is the appellant, Criminal Appeal (SJ) No. 277 of 2015 wherein Raj Kumar Bhushan @ Ghoshal @ Dr. Raj Kumar Bhushan @ Ghoshal is the appellant commonly originate against the same judgment of conviction and sentence on account thereof, there have been analogous hearing and are being disposed of by a common judgment.

2. All the appellants named above have been found guilty for an offence punishable under Section 498(A), 304(B), 120B, 201 IPC, 4 of Dowry Prohibition act vide judgment dated 06.04.2015 and each of them has been sentenced to undergo R.I. for ten years under Section 304(B)/120B of the IPC, R.I. for five years as well as fine of Rs. 10,000/- in default to undergo S.I. for one year under Section 201 IPC, R.I. for two years under Section 4 of Dowry Prohibition Act while no separate sentence has been prescribed under Section 498(A) of the IPC vide order dated 09.04.2015 by the Fourth Additional Sessions Judge, Bhagalpur in Sessions Trial No. 14 of 2008/637 of 2008.

3. Asim Kumar Chatarjee (PW.5) filed written report (Ext. 2) on 15.05.2007 at about 04:15 P.M. disclosing therein that on the same day at about 09:00 A.M. he received information that death of his sister Bandhavi (Bani) has happened in suspicious circumstance at her Sasural on account of cutting of vein at wrist as well as hanging. He came from Bettiah to Bhagalpur and has seen dead body of his sister. After looking at the dead body, it is apparent that she has been murdered because of the fact that he had seen sign of hurt over her body as well as sign of wound near umbilicus by hard and blunt substance as well as sign of electrocution at her leg. He had also seen vein of both the hands cut, sign of hurt over her left hand as well as sign of assault over whole body. It has further been disclosed that motive for occurrence is his sister was married to Raj Kumar son of Ajay Ghoshal of Tilkamanjhi on 03.02.2007. At the time of marriage they have gifted according to their means including car, ornaments and cash appertaining to rupees twelve lacs. After marriage his sister had gone to her Sasural where family members of her Sasural began to torture her for procurement of dowry. Mother-in-law of his sister, namely, Munmun Ghoshal began to pressurize upon him to pay Rs. 60,000/- for doing House Surgeonship by her son Raj Kumar. He had shown his helplessness and also complained to father-in-law of his sister who also reiterated the demand. When he shown his inability to honour their demand on account thereof, father-in-law Ajay Ghoshal, mother-in-law Munmun Ghoshal, husband Raj Kumar, Rozy sister-in-law, Rashmi sister-in-law and Tapas husband of sister-in-law began to torture his sister physically as well as mentally. His sister was confined in a room at upper floor. On 11-05-2007 he along with his maternal grand mother came to meet with his sister and requested them not to indulge in such kind of activity but they did not pay heed to it. Then thereafter he requested mother-in-law of his sister to permit Bidayi which they also refused. Then he returned back. Today he has received an information regarding murder of his sister and on account thereof, he alleged that his sister has been murdered by the accused persons for dowry.

4. On the basis of the aforesaid written report Kotwali (Tilkamanjhi) P.S. Case No. 281 of 2007 was registered under Section 304(B), 34 of the IPC and investigation commenced. After submission of charge sheet ultimately the accused persons/appellants were put on trial and during course thereof, they met with the result, subject matter of instant appeal.

5. Defence case, as has been pleaded is of complete denial