Rajendra Chandra Singh Samant, J.

1. This appeal has been preferred against the judgment of conviction and order of sentence, passed by the learned Additional Sessions Judge Ramanujganj, District Balrampur Ramanujganj (C.G.) in Sessions Trial 38/2010 on 07.03.2013, convicting the appellants for the offence under Section 304-B of the Indian Penal Code and sentencing them to under go R.I. for 10 years and fine of Rs. 500/- and for the offence under Section 201/34 of the Indian Penal Code and sentencing them to under go R.I. for 3 years and fine of Rs. 500/- with default stipulations.

2. The case of the prosecution is this that the marriage of the deceased Sarita Devi was performed on 26.04.2007 with the appellant No. 1. About after one year, the appellants started making demand of fridge, cooler and cash of Rs. 20,000/- from the deceased and on non fulfillment of the same, they treated the deceased with cruelty. Father of the deceased came to her matrimonial home and then he agreed to give a television to the appellants during Dussehra festival and then deceased went to her parental home on 07.07.2009. The appellant No. 1 came to fetch the deceased in her parental home and took her with him. Only after two days i.e. on 09.09.2009, the deceased committed suicide by consuming some poisonous substance. Morgue intimation Ex.P-7 was recorded on the same day in the police station and inquest on the body of the deceased was conducted vide Ex.P-2. In the postmortem examination conducted on the body of the deceased vide Ex.P-8, it was reported that cause of death was asphyxia due to strangulation and the nature of the death of the deceased was reported to be homicidal. After completion of investigation, chargesheet was filed before the concerned Court.

3. Appellant No. 1 Ramprem Yadav was separately charged for offence under Section 302 of I.P.C. and in alternative for the offence under Section 304-B/34, 201/34, 498-A/34 of the Indian Penal Code and rest of the appellants were charged with offence under Section 304-B/34, 201/34, 498-A/34 of the Indian Penal Code. The appellants denied the charges and prayed for trial. The prosecution examined as many as 14 witnesses on its behalf. On examining the appellants under Section 313 of Cr.P.C. they denied all the incriminating evidence against them and pleaded innocence and false implication. It was stated by the appellants that the deceased was insisting for going to her parental home and when she was refused, it was for this reason, she consumed poisonous substance and committed suicide. No witness was examined in defence. On completion of trial, judgment has been delivered, in which the appellants stand convicted and sentenced as mentioned aforesaid, whereas co-accused Ramnath Yadav was acquitted of all the charges against him and the appellant No. 1-Ramprem Yadav was acquitted of the charge under Section 302 of the Indian Penal Code.

4. It is submitted by the learned counsel appearing on behalf of the appellants that the appellants have been erroneously convicted without there being the basis of evidence of prosecution beyond reasonable doubt. Although the marriage was performed on 26.04.2007, but the deceased went to live in her matrimonial home after one and half year. All the witness, who have stated against the appellants are related and interested witness, whereas, the neighbour had stated that the deceased and appellants had very good relation between them. The death of the deceased had been a suicide for which none of the appellants can be held responsible, therefore, it is prayed that appeal be allowed and the appellants be acquitted of the charges against them

5. Counsel for the State opposes the grounds raised in appeal and the submissions made in this respect. It is submitted that the prosecution has proved its case beyond all reasonable doubts. There is clear statement of Mukhdev Prasad Yadav (PW-7) and Sukhadi Yadav (PW-9) that the deceased was subjected to torture and cru