Shailendra Singh, J. – Learned counsel Mrs. Vaishnavi Singh appearing for the appellants and learned APP Mr. A.M.P. Mehta for the State are present and they are heard on the merit of this appeal.

2. The instant appeal has been filed by the Appellants Kari Yadav and Ramlal Yadav against the Judgment of Conviction dated 10.04.2019 and order of Sentence dated 15.04.2019 passed by the learned Presiding Officer, Fast Track Court-I, Madhubani in Sessions Trial Case No. 303/2003/94/2018 arising out of Khajouli (Kaluahi) P.S. Case No. 67 of 2002.

3. The appellants and two co-accused persons namely, Bilti Devi and Jhamlal Yadav have faced trial jointly but the said co-accused persons have been acquitted of the offence charged while the appellants have been convicted for the offence punishable under Section 304B of Indian Penal Code (hereinafter referred to as “IPC”). Both the appellants have been sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 304B of IPC. The said judgment of conviction and order of sentence have been challenged in this appeal by the convicts who are here appellants.

4. The prosecution’s case in brief is that one namely, Baidnath Yadav who happens to be father of the victim, filed a written information(Ext.2) at Khajouli (Kaluahi) police station with these allegations that his daughter namely, Ranju Devi aged twenty years was married to Ram Lal Yadav(Appellant No.2) in Baisakh (April-May) month of the year 2001 and sufficient gifts were given to her in-laws on the occasion of her marriage, thereafter, his daughter started residing in her sasural and during Holi festival, she was brought to her parental village on that time she disclosed that her in-laws were making a demand of milk giving she buffalo and Rs. 25,000/- from her and for the said demand her mother-in-law, father-in-law, husband and brother-in-law tortured her. It was further alleged by the informant in his written application that on 28.05.2002 he got the information that his daughter Ranju Devi had sustained burn injuries then he, with his father Ramdev Yadav and some other persons namely, Devendra Yadav, Chhotkan Yadav, Upendra Yadav and Prabhu Yadav, went to his daughter’s sasural at where they got the information that his daughter had been taken to Sadar Hospital, Madhubani and then they proceeded to the hospital where he found his daughter in dead condition and it was learnt by him that due to non-fulfillment of the demand of Rs. 25,000/- and a she-buffalo made by the accused persons from the victim, the victim was killed by the accused persons by pouring kerosene oil upon her and thereafter setting her on fire.

5. The written application filed by the informant at the police station concerned was also signed by the persons who had accompanied the informant to the place of occurrence, hospital and police station concerned and some of the said persons namely, Prabhu Yadav and Ramdev Yadav affixed their left thumb impression on the written application. On the basis of the written application(Ext.2) filed by the informant Khajouli (Kaluahi) P.S. Case No. 67 of 2002 was lodged for the offence punishable under Section 304B read with Section 34 of IPC against the appellants and others which set the criminal law in motion and the police started investigation in connection with the alleged occurrence.

6. After the completion of investigation the police charge-sheeted the appellants and two co-accused persons namely, Bilti Devi and Jhamlal Yadav for the alleged offence of Dowry Death and thereafter, learned Chief Judicial Magistrate, Madhubani took cognizance of the said offence and thereafter, he committed the case of the appellants and co-accused persons to the Court of Sessions for Trial.

7. Both the appellants and two co-accused persons named above jointly faced trial and stood charged for the offence punishable under Section 304B of IPC.

8. During trial the prosecution examined altogether 8 witnesses out of 16 ch