Sandeep Kumar, J. – Heard the learned counsel for the appellants and the learned APP appearing for the State; Sri Abhay Kumar.

2. This criminal appeal is filed against the judgment dated 17.12.2020 passed by 11th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 733 of 2019 arising out of G.R. Case No. 513/2019 in connection with Nath Nagar P.S. Case No. 75 of 2019, by which the appellants have been convicted for the offences punishable under Sections 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’ for brevity) and the order of sentencing dated 18.12.2020 whereby the appellant nos. 1 and 2 have been sentenced to undergo imprisonment for seven years and the appellant no. 3 has been sentenced to undergo rigorous imprisonment for ten years under sections 304B read with 34 of I.P.C.

3. The case of the prosecution is that, the fardbayen of the informant Jhumki Devi was recorded on 22.01.2019, wherein the informant has stated that on 20.01.2019 at 04:00 PM, the accused persons namely Vishunu Mandal, Chamak Lal Mandal, the wife of Chamak Lal Mandal (the informant not being aware of the name) and Anirudh Mandal forcibly entered into the house of the informant and the accused Vishnu Mandal married her daughter. The informant states that after the marriage, the daughter was kept with honour and dignity for three months, however it is alleged that thereafter, the son-in-law Vishnu Mandal, and Anirudh Mandal started torturing her daughter. It was further alleged by the informant that the accused persons demanded Rs. 1,50,000/- and one colour T.V. from her daughter and threatened that if the demands are not fulfilled then the daughter of the informant would not be allowed to remain in the house. The informant alleged that the accused persons even threatened to kill the daughter. The informant has further stated that her daughter informed about her ordeal however since the informant could not fulfill the demands of the accused persons therefore as a consequence all the accused persons burnt her daughter on 20.01.2019. It is lastly stated that when the informant came to know about the incident, the informant got the victim-daughter admitted to the Mayaganj Hospital and in course of the treatment, the daughter passed away.

4. On the basis of the fardbeyan of the informant- Jhumki Devi, the F.I.R. vide Nath Nagar P.S. Case No. 75/2019 was registered on 06.02.2019 under Section 304 B, read with 34 of I.P.C. against all the aforementioned accused persons. The investigating officer after investigation, submitted the charge-sheet bearing no. 121/2019 dated 30.10.2019 against the accused persons under Section 304 (B) and section 34 of the I.P.C. in the court of learned C.J.M., Bhagalpur, where cognizance was accordingly taken and after the supply of the police papers to the accused persons, the case was committed to the Court of Sessions at Bhagalpur by the A.C.J.M., Bhagalpur.

5. During the course of the trial the prosecution has examined altogether 06 witnesses which are as follows: –

(I) P.W. 1- Puran Mandal (father of deceased);

(ii) P. W.2- Rajesh Kumar @ Raja Ram Mandal (elder brother of deceased);

(iii) P. W.3- Poonam Kumari (independent witness);

(iv) P. W. 4- Jhumki Devi (Informant and mother of deceased);

(v) P.W.5- Balram Yadav (Investigation Officer (I.O.) of the case);

(vi) P.W.6- Dr. Atual Kumar Malik (conducted post Mortem and prepared P.M. report).

6. The prosecution has also adduced the following documentary evidence during the course of the trial: –

(i) Ext. 1-is the signature of witness on inquest report;

(ii) Ext. 2-is writing (FARD BEYAN) of informant;

(iii) Ext. 3- is writing and signature of A.S.I., Ajay Sharma upon fardbeyan;

(iv) Ext. 4- is writing and signature of S.H.O., Nath Nagar Thana upon Fardbeyan.(v) Ext. 5 is writing and signature of Thana Munshi and S.H.O. upon fardbeyan;

(v) Ext. 5- is writing and signature of Thana Munshi and S.H.O. upon fardbeyan;

(vi) Ext. 6 is writing and signature of A.