Aditya Kumar Trivedi, J.

Appellant Sanjay Kumar Gupta has been found guilty for an offence punishable under Section 304B of the I.P.C. and sentenced to undergo S.I. for nine years, under Section 498A of the I.P.C. and sentenced to undergo S.I. for two years, under Section 323 of the I.P.C. and sentenced to undergo S.I. for 15 days, under Section 3 of the D.P. Act and sentenced to undergo S.I. for three months as well as to pay fine appertaining to Rs.3,000/- and in default thereof, to undergo S.I. for three months, additionally, under Section 4 of the D.P. Act and sentenced to undergo S.I. for three months as well as to pay fine appertaining to Rs.3,000/- and in default thereof, to undergo S.I. for three months, additionally, with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial will be subject to set off in accordance with Section 428 of the Cr.P.C. vide judgment of conviction dated 31.08.2015 and order of sentence dated 03.09.2015 passed by the Additional Sessions Judge-4 th, Gaya in Sessions Trial No.544 of 2010/29 of 2015.

2. Bimla Devi (PW-3) gave her fard-bayan on 15.11.2009 at about 10.00 a.m. at A.N.M.M.C.H., Emergency Ward, Gaya before the police officials of Magadh Medical P.S. disclosing therein that her daughter Rubi Devi, deceased was married on 17.05.2004 with Sanjay Kumar Gupta, son of Sri Ramdeo Sao @ Ramdeo Prasad of village-Kachnama, P.S. Makhdumpur, at present resident of Mohalla-Ghughari, Narayani Mai Pool, Gautam Chowk, P.S. Civil Lines, District-Gaya, as per Hindu rites and rituals. At the time of negotiation of marriage, her Samdhi advanced demand of dowry and so, during course of marriage, she had gifted Anusa Gadna, utensils handed over cash totaling Rs.3,50,000/-. After marriage, Rubi Devi had gone to her sasural, but she was not allowed to lead peaceful life as her husband Sanjay Kumar Gupta, father-inlaw Ramdeo Sao, mother-in-law Usha Devi, brother-in-law Pawan Kumar, Niranjan Kumar, they all began to torture. Sometimes physically manhandling her for fulfilment of demand of dowry. Their torturous activity had gone to such extent that at the time of death of grand mother of deceased, she was not allowed to visit her Maika. They were demanding Rs.one lac for getting the husband (Sanjay Kumar Gupta) either to have his employment by paying bribe or to initiate his independent business. Anyhow, they have managed Rs.30,000/- and paid to her son-in-law Sanjay Kumar Gupta and after paying the same, he got employment as a Teacher under Shiksha Mitra. Even thereafter, they continued with persistent demand regarding remaining, which her daughter used to inform her frequently and for that, she had also disclosed with regard to torturous activity having attributed at the end of the accused persons. All of a sudden, she received information on 14.11.2009 at about 3.30 p.m. over her mobile No.9308219096 that her daughter Rubi Devi has been burnt completely and her sasuralwala took her to A.N.M.M.C.H. for treatment. Then thereafter, she along with her family members reached at the A.N.M.M.C.H. on 14.11.2009 at about 6.30 p.m. where she came to know that her daughter has died and her dead body has been placed at mortuary. She had not found anybody from her sasural, whereupon, she gone to Civil Lines Police Station and informed. Today, that means to say on 15.11.2009, when she came back at A.N.M.M.C.H., dead body of her daughter was taken for post mortem. It has further been disclosed that the occurrence had taken place at Narayan Mai Chowk, Ghugharitand, P.S. Civil Lines, District-Gaya on 14.11.2009.

3. The aforesaid fard-bayan was transmitted to Gaya Civil Lines P.S., whereupon Civil Lines P.S. Case No.353 of 2009 was registered followed with an investigation and after completing the same, chargesheet has been submitted against the appellant keeping investigating pending against other co-accused and the same happens to be