By Court: All these four appellants charged under section 304 B/34 of the Indian Penal Code were put on trial along with other accused, namely, Lal Chand Modi, Parmeshwar Modi, Rit Lal Modi and Binod Kumar Choudhary, charged under section 201/149 of the Indian Penal Code whereas the accused, namely, Binod Kumar Choudhary was also charged under section 217 of the Indian Penal Code. The trial court, while acquitting other four accused persons of all the charges levelled against them, did find the appellants guilty for the offence under section 304 B/34 of the Indian Penal and, hence, sentenced them to undergo imprisonment for life.

The case of the prosecution is that the deceased Pushpa Devi having married Rajendra Modi in the year 1984 was living in her in-laws’ house at village Kusumdih under Mohanpur police station with her husband, father-in-law, mother-in-law and brother-in-law, who are appellants soon after the marriage they started subjecting her to torture on account of non-fulfillment of demand of Rs.5000/-.

Further case is that while Om Prakash Agrawal (P.W.7), husband of elder sister of the deceased, was returning home from temple at 6.30 in the morning on 3.6.198