JUDGMENT

Gautam Chourdiya, J. - The appellants are challenging the legality, validity and propriety of the judgment of conviction and order of sentence dated 13th February, 2003 passed by 1st Additional Sessions Judge, Durg (CG) in ST No.209/2002 whereby appellant No.1 has been convicted under Section 304B of IPC and appellants No. 2 & 3 under Section 304B/34 of IPC and each of them has been sentenced to undergo RI for seven years.

2. Brief facts necessary for adjudication of this appeal are that marriage of Bhojbati (since deceased) was solemnized with Accused No.3 Dushyant Kumar on 21.4.2001 and in the marriage certain gifts/articles were given to the deceased by her parents and other family members. In the month of September, 2001, A-3 Dushyant Kumar reached the home of PW-5 Sunderlal, father of the deceased and demanded Rs.20,000/- for purchasing computer. When Sunderlal expressed his inability to give Rs.20,000/-, A-3 Dushyant started harassing and ill-treating the deceased. On 24th February, 2002 the deceased was blessed with a girl child and on 1st March, 2002 rituals of Chhatti function (6th day ceremony after birth of child) were done which were attended by parental family members of the deceased. On 1st March, 2002 on the request of A-1 Ishamlal, father of the deceased Sunderlal Sahu stayed at his home. Due to some quarrel between the children, A-3 Dushyant used filthy language and misbehaved with father of the deceased. Thereafter, they returned to their home. On 27th May, 2002 A-3 Dushyant left the deceased at her parental home. On rd June, 2002 again A-3 Dushyant Kumar along with his friend came to the home of Sunderlal and hurled filthy language at the deceased and told that his mother is ill and why his wife/deceased did not return to her matrimonial home. Again on 5th June, 2002 A-3 Dushyant along with A-1 Ishamlal and PW-6 Rajulal Sahu came to the home of Sunderlal Sahu and hot talk over demand of Rs.20,000/- by A-3 Dushyant took place. However, on the request of A-1 Ishamlal Sahu, the deceased returned to her matrimonial home along with Ishamlal and next day i.e. 6th June, 2002 she committed suicide due to harassment and ill-treatment meted out to her by her husband A-3 Dushyant and A-1 Ishamlal Sahu and A-2 Smt. Sarita Bai taking favour of A-3 Dushyant.

3. Merg intimation Ex.P/6 was lodged on the same day i.e. 6th June, 2002 by Ganguram Sahu. FIR (Ex.P/15) was registered against the accused/appellants under Section 304B/34 of IPC after merg enquiry on 10.6.2002. During investigation, spot map Ex.P/4 and inquest Ex.P/3 were prepared in presence of witnesses. Postmortem on the body of the deceased was conducted on 7.6.2002 by PW-1 Dr. AP Sawant vide Ex.P/1 wherein he noticed that rigor mortis was present all over the body, there was 97% burn of total body which was antemortem in nature and duration of burn was within six hours. In his opinion, the cause of death was excessive burn and inhalation injuries.

4. As per Ex.P/5, one letter written by the deceased (Ex.P/5A) was seized. Two burnt matchsticks and burnt clothes of the deceased were seized vide Ex.P/7. From A-1 Ishamlal, suicide note (Ex.P/8A) was also seized vide Ex.P/8. After completing investigation, charge sheet was filed against the accused/appellants under Section 304B/34 of IPC. The trial Court framed charge under Section 304B of IPC against A-3 Dushyant Kumar whereas A-1 Ishamlal and A-2 Smt. Sarita Bai Sahu were charged under Section 304B/34 of IPC, which was denied by them and they prayed for trial.

5. So as to hold the accused persons guilty, the prosecution examined as many as 11 witnesses. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they stated that for some days after marriage the deceased was living happily at her matrimonial home but when she returned from her parent