Rumi Kumari Phukan, J.

1. I have heard Mr. G.N. Sahewalla, learned Senior counsel for the appellants and the learned Additional Public Prosecutor, Assam, for the respondent State of Assam.

2. The prosecution story, in a nutshell, is that Shri Manoranjan Ghosh, resident of Kokrajhar Town, lodged an F.I.R. before the O/C Goalpara, stating, inter-alia, that his daughter was married to appellant No. 1 on 17.03.2008 and, since after the marriage, they have been residing at their dwelling house at Goalpara. Out of wedlock, a child was born his daughter Mitali Ghosh ended her life due to suffering from frustration and depression as she was allegedly subjected to continuous and constant harassment for dowry articles after two months of the marriage. As he failed to meet his demand, the parents of the deceased, i.e. Mithali Ghosh tried to conciliate in this matter finally, on 21.09.09 at about 8 to 8.30 A.M., he received a call from his daughter, i.e., deceased Mitali Ghosh informing him that she is been kept starved for long 3 days. On getting the information, he had send his eldest son, Manoj Ghosh, to her matrimonial residence but as soon as the Manoj Ghosh, the brother came to the house of the appellants, he found the victim being badly burnt and she was lying on the floor of the house. Accordingly, the victim Mitali Ghosh was taken to Goalpara Civil Hospital. As her condition was critical, she was referred to the Guwahati Medical College and when she was taken to the Guwahati Medical College, at the door-step of the college she breathed her last. On the basis of the said information, Goalpara Police Station registered a case vide Goalpara P.S. Case No. 369/09 u/s. 304B/34 IPC against the appellants. On the basis of the FIR, the police started investigation and during the course of investigation, the Investigating Officer visited the place of occurrence, examined the material witnesses and thereafter, the appellant No. 1 was arrested and was sent to the judicial custody on being produced before the learned Court below.

The Investigating Officer, on completion of the investigation, having found sufficient material, showing prima facie involvement of the appellants, submitted charge-sheet with allegation of committing offences under section 306/34 IPC against them. Upon receipt of the charge-sheet, the learned Court below issued process and accordingly all the appellants appeared. On their appearance, the copies of the statements of the witnesses and relevant documents were furnished as prescribed under section207 of IPC as the offence is exclusively triable by the Court of Session, the Learned Magistrate Committed the case to the court to Session for trial. The learned Sessions Judge, on receipt of the case record from the Court below, took cognizance u/ss.306/34 IPC and thereafter, upon hearing the counsel for both the parties and on perusal of material on records, framed formal charge u/ss. 304/34 IPC against the appellants. The charges were explained and read-over to the appellants to which the appellants pleaded not guilty and claimed to be tried. To bring home charges of 304B/34 IPC, the prosecution has examined as many as 12witnesses including the investigating officer whereas the defence adduced none. The defence plea recorded u/s. 313Cr.P.C. of total denial and false implication. On conclusion of trial, the Learned trial court on appreciation of evidence vide judgment and order dated 23.09.2013 found the appellants guilty of offence U/s. 304B/34 of IPC and accordingly, the appellant No. 1 being the husband of the deceased was sentenced to suffer R.I. for 10 years and appellant No. 2 and 3 being the parents of appellant No. 1 were sentences to suffer R.I. for 7 years.

Being aggrieved with the aforesaid judgment and order, present appeal has been preferred.

3. Learned counsel for the appellants has submitted that PW-1 is the father of victim, PW-2 is the brother of the victim, PW-3 is the relative of the informant whereas