Sandeep Kumar, J.—Heard the learned counsel for the appellant and the learned APP for the State.

2. This is an appeal against the order and judgment of conviction dated 29.11.2018 and order of sentence dated 30.11.2018 passed by the learned Additional Sessions Judge-VI, Ara, Bhojpur in Sessions Trial No. 334/2013 by which the appellant has been convicted under Section 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000/- and in default of which further undergo rigorous imprisonment for 15 days and further conviction for offence punishable under Section 304(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment of seven years and further conviction for offence punishable under Section 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of one year and also pay fine of Rs. 500/- and in default of which further undergo R.I. for 5 days.

3. The prosecution case in brief is that the marriage of the daughter of the informant namely, Prity Devi was solemnized with Anup Kumar (appellant) in the year 2007. After the marriage, she was enjoying her conjugal life but after some time all the accused persons including the appellant started demanding motorcycle and gold chain and upon non-fulfillment of demand of dowry, accused persons used to assault and torture the daughter of the informant physically and mentally. In the meantime, his daughter shifted to Gujarat with his son-in-law from where she came back to her home in September 2011. On 08.10.2011, the informant came to know from his nephew namely Ashok Kumar by telephone that all the accused persons including this appellant have murdered his daughter and have thrown her dead body in the Sone river with the help of the villagers.

4. On the basis of the written report of the informant Ram Pukar Prasad, Koilwar P.S. Case No.153 of 2011 dated 8.10.2011 was registered for the offence under sections 498-A, 304-B, 120-B, 201 and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act against seven accused persons including the present appellant and on completion of investigation, the police submitted charge-sheet against the appellant and others bearing charge-sheet No.225/2011 dated 05.12.2011. On the statement of witnesses recorded under section 161(3) of the Code of Criminal Procedure and the Chief Judicial Magistrate, Ara took cognizance of the offences punishable under Section 498-A, 304-B, 120-B, 201 and 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act vide order dated 23.01.2012 and the case was committed to the court of Sessions and assigned to Additional Sessions Judge VI, Bhojpur, Ara and charges were framed against the appellant and other two accused.

5. P.W-1 is one Ashok Kumar who claims that the deceased Prity Devi was his cousin (mameri) sister. He has said that after marriage, the deceased stayed in her matrimonial home for 2–3 years but after that she was being tortured by Anup Kumar(appellant), Lal Muni Devi and Kundan Kumar for demand of motorcycle and gold chain. Thereafter, the appellant Anup Kumar took Prity Devi (deceased) to Gujarat. He says that the deceased was killed by the accused persons and her dead-body was kept in a gunny bag and the same was thrown in the Sone river and he had informed his uncle (mama) about the death of Prity Devi hearing which the informant came there and lodged the F.I.R. In his cross-examination, he has said that Anup Kumar after 3-4 years of marriage, has gone to do a job and after one year of getting the job, he took Prity Devi to Gujarat and there they stayed for one year. In between, they used to visit the village also. I used to meet Prity Devi when she was visiting her village and during her visit, she used to visit her parental home also. He further says that Prity Devi had stayed in Gujarat for 6-7 months with her husband and he did not talk to her during that period and after her r