JUDGMENT

Birendra Kumar, J. - Heard the parties.

2. These appeals have been preferred against the judgment of conviction dated 02.12.2019 and order of sentence dated 11.12.2019 passed against the appellants by learned Additional Sessions Judge-X, Ara, Bhojpur, in Sessions Trial No.297 of 2017 corresponding to Bihiya P.S. Case No.132 of 2016.

Appellant Sanjay Sharma, who is husband of the alleged victim of dowry death, has been awarded rigorous imprisonment of 8 years and a fine of rupees ten thousand for offence under Section 304B of the Indian Penal Code. In default of payment of fine six months rigorous imprisonment has been awarded. The appellant Sanjay Sharma has further been convicted under Section 498A of the Indian Penal Code and rigorous imprisonment of three years along with fine of rupees five thousand have been awarded. In default of payment of fine he was directed to undergo rigorous imprisonment for one month. Other appellants were convicted under Section 498A of the Indian Penal Code only and rigorous imprisonment of three years besides fine of rupees ten thousand has been awarded. In default of payment of fine rigorous imprisonment of six months has been ordered. The sentences have been ordered to run concurrently and the fine amount is to be paid to the minor son of the victim.

3. The prosecution case as disclosed in the written report of Jagroshan Sharma (PW 3) is that daughter's daughter of Jagroshan Sharma, namely, Anshu Devi daughter of Jagjivan Sharma was married two years back with appellant Sanjay Sharma. Just after the marriage there was demand of a motorcycle from the victim and the victim used to inform about the demand to the informant. Since the informant had no money, he assured that motorcycle would be given later on. In the meantime, the victim gave birth to male child, who was of about seven months at the time of occurrence. On 04.05.2016, at about 6:00 PM, someone informed on mobile call to the daughter-in-law of the informant that victim has died after sustaining burn injury. To verify about the correctness of the information, the informant along with Gupteshwar Sharma (PW 1), Om Prakash Sharma (PW 2) and Chulhan Rai (all covillagers) went to the village of the appellants in the morning at about 6:00 AM on 05.05.2016. The informant saw that the victim was dead by sustaining burn injuries. The informant was confident that the appellants committed her murder for nonfulfillment of the demand of motorcycle. A copy of the written report is Exhibit-1 on the record.

4. On the basis of the aforesaid written report Bihiya P.S. Case No.132 of 2016 was registered under Section 304B/34 of the Indian Penal Code and after investigation of the case police submitted charge sheet accordingly.

5. The learned trial Judge framed charges under Section 304B/34 of the Indian Penal Code and under Section 302/34 of the Indian Penal Code. During trial the prosecution examined altogether six witnesses. PW 1 Gupteshwar Sharma, PW 2 Om Prakash Sharma and PW 3 Jagroshan Sharma are witnesses on the occurrence. PW 4 Dr. Arun Kumar had performed the post mortem examination. PW 5 Anil Kumar and PW 6 Vijay Kumar Singh are Investigation Officer of the case.

6. The defence also produced four witnesses DW 1 Ravi Sharma, DW 2 Tribhuwan Thakur, DW 3 Fulwariya Devi and DW 4 Dinanath Sharma. All these defence witnesses have deposed that there was no demand of dowry and the victim caught fire while cooking food.

7. Learned trial Judge has relied on the evidence of prosecution witnesses and recorded conviction as above.

8. Learned counsel for the appellants Mr. Ajay Kumar Thakur submits that Pws 1 and 2 are hearsay witnesses. Hence, the prosecution case is based on sole testimony of PW 3 the informant of this case. There is lack of iota of evidence that for non-fulfillment of the demand of motorcycle the victim was being tortured/harassed by the appellants before her death. That is why no question was put to the appellants as incriminating circ