The central legal point established in the judgment is the court's assessment of the evidence to prove the charge for the offence under Section 304B of the Indian Penal Code, highlighting the importance of specific acts of cruelty and demand in such cases.

Gopal Prasad, J.

1. Heard learned counsel for the appellants and learned counsel for the State.

2. This appeal arises out of judgment of conviction dated 26.02.2014 and order of sentence dated 03.03.2014 passed by Sri Om Prakash Singh-II, Ad-hoc Additional District & Sessions Judge-III, Siwan, in Sessions Trial No. 465 of 2013 (Mairwa P.S. Case No. 198 of 2011) (G.R. No. 3507 of 2011) by which the appellant Asharfi Gupta had been convicted for offence under Section 304B of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and the appellant Shanti Devi had been convicted for offence under Section 304B of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years.

3. The prosecution case as alleged in the First Information Report by the informant Harendra Prasad Gupta, P.W. 5, father of the victim Anju Devi alleging therein that he had married his daughter Anju Devi with appellant Asharfi Gupta in February, 2009. In the marriage he had given several gifts as per his ability. After marriage, his son-in-law Asharfi Gupta and his family members demanded motorcycle, but he could not fulfill the demand due to his poverty. Further case is that with regard to demand of motorcycle, the husband Asharfi Gupta and his mother Shanti Devi and friends of Asharfi named Gurakh Ram, Kaushal Pal and Balkeshiya Devi the sister of Asharfi Gupta used to subject her to cruelty. Further case is that on 05.12.2011, the daughter of the informant came to his house from her Sasural Siswa Khurd and disclosed about the occurrence regarding demand and subjecting cruelty. After puja of moharram she came back to her sasural on 07.12.2011 in the evening. Thereafter, her in-laws, husband and others mentioned above were not allowing her to enter into the house and they were demanding motorcycle and assaulting that unless motorcycle is given she will not be allowed to live in the matrimonial house and they will not be kept her. Then on getting information, the informant went there and anyhow manages to understand them and then he left the sasural of the victim. It is further alleged that in the night on the same day, Anju Devi, the daughter of the informant was done to death by her husband, mother-in-law, Shanti Devi, Nanad Balkeshiya Devi and friends of Asharfi, named Gorakh Ram and Kaushal Pal by burning her after sprinkled kerosene oil but the defence taken by the accused persons she had committed suicide by sprinkled kerosene oil herself.

4. The Fardbeyan of the informant was recorded on 08.12.2011 at 8 A.M., the next day of the occurrence. On the basis of Fardbeyan F.I.R. lodged and police proceeded for investigation. During investigation the I.O. prepared inquest report of the victim Anju Devi and sent the dead body for post mortem examination recorded the statement of the witnesses. He inspected the P.O. which is village-Siswa Khurd in pucca house of Aharfi Gupta and found the unburnt dead body of the victim in the courtyard and plastic jerking of five liters of kerosene oil and the match box near the dead body of the victim at a distance of five feet and also found kerosene oil fallen on the verandah and near the dead body there is wall with pillar with black spot due to burning by fire. The police after investigation procured post mortem examination report and thereafter completing the investigation and submitted charge sheet. After submission of the charge sheet, cognizance taken and case was committed to the Court of Sessions. After framing of the charge for offence under Section 304B and 302 of Indian Penal Code trial proceeded.

5. During trial seven witnesses were examined by the prosecution. P.W. 1 Anand Kumar Gupta, P.W. 2 Dr. Sanjay Kumar who conducted the post mortem examination on the person of the deceased and found partial to deep burn involving 96% of burn of total body surface area with kerosene oil smell except both sides and puts. No external injury or mark on her body was found. P.W.