Chandra Shekhar Jha, J.—At the outset, it is important to mention that both above named appeals are disposed herewith through this common judgment, as same arises out of Session Trial No. 252/2015 disposed by learned Additional District and Sessions Judge VI, Buxar.

2. Heard Mr. Digvijay Kumar Ojha learned counsel appearing for the appellant as well as learned APP for the State in Cr. APP (DB) no. 284 of 2017 and also Mr. Digvijay Kumar Ojha learned counsel for the appellant as well as learned APP for the State in Cr. APP (DB) No. 449 of 2017.

3. Both above mentioned appeals are directed against judgment and conviction dated 24.01.2017 and order of sentence dated 25.01.2017, as passed in Session Trial No. 252/2015 in connection with Simri P.S. Case No. 151/2015 dated 22.07.2015, which was lodged for offences alleged under Sections 304(B), 498(A) and 34 of the Indian Penal Code by learned Additional District and Sessions Judge, VI, Buxar, whereby and whereunder the learned Additional District and Sessions Judge, VI, Buxar, pleased to convict the appellant of Cr. APP (DB) No. 284 of 2017, namely, Dhananjay Pathak for life imprisonment, whereas appellant of Cr. APP (DB) No. 449 of 2017, namely, Sidheshwar Pathak, Basanti Devi and Karishma Kumari were sentenced for seven years rigorous imprisonment after being convicted for the offence under Section 304(B) of the Indian Penal Code.

4. The crux of prosecution case as appears through written information of informant namely, Rishikesh Ojha (PW-6) that marriage of her sister namely, Rani Kumari @ Baby was solemnized in month of June 2012 with appellant/convict Dhananjay Pathak. He stated further that appellant Dhananjay Pathak, who is the husband of her deceased sister alongwith appellant Sidheshwar Pathak, who is father-in-law of the deceased, appellant Basanti Devi, who is mother-in-law of the deceased and appellant Karishma Kumari, who is sister-in-law of the deceased, collectively committed mental and physical cruelty upon his deceased sister for the demand of dowry, as raised for Rs. 6 lakhs and a motorcycle. It is alleged thereof that whenever informant visited the house of his deceased sister, she complained about the cruelty committed upon her by these above named four appellants. It is stated that informant received information in the morning of 22.07.2015 that his sister Rani Kumari was killed by above named appellants, subsequent to said information, after informing local police station he went to the house of his deceased sister and found that the dead body of his sister is laying on bamboo sheet (bier), where it appears that she was killed by throttling by using rope. The dead body of his deceased sister was kept inside a closed room. It was claimed by the informant that his sister Rani Kumari was killed by throttling using rope due to non fulfillment of the demand of dowry as raised for cash of Rs. 6 lakhs and one motorcycle after committing mental and physical cruelty.

5. On the basis of aforesaid Fard-e-beyan, Simri P.S. Case No. 151/2015 was lodged against appellants/convicts, where after investigation the charge-sheet was submitted under Section 302/304-B/34 of the Indian Penal Code against all above named four appellants, where learned Magistrate took cognizance on 21.09.2015 and committed the case to Session, where matter was received by the learned trial court on 30.11.2015. The charges against all appellants/convicts were framed by learned trial court under Section 304(B)/34 of the Indian Penal Code, where all above named appellant put on trial after taking a plea of “not guilty” and after trial all appellants were convicted under Section 304(B) of the Indian Penal Code, appellant Dhananjay Pathak on conviction sentenced for life imprisonment, whereas appellants Sidheshwar Pathak, Basanti Devi and Karishma Kumari were sentenced for seven years imprisonment.

6. Hence, the present appeals.

7. To establish its case before the learned trial court the prosecution altogether