( 1 ) ALL the appellants were tried for the offence under Sections 304 B/34 of the Indian Penal Code for committing the dowry death of Nitu Devi in furtherance of common intention and also for the charges under Sections 498 A/34 of the Indian Penal Code for subjecting Nitu Devi (deceased)for cruelty in connection with demand of dowry.

( 2 ) THE learned 1st Additional Sessions judge, Garhwa by his judgment dated 22-5-2004 in Sessions trial No. 138/2001 convicted the appellant No. 1, for the offence under Section 304-B I. P. C. as well as under Section 498- A/34 I. P. C. and sentenced him to undergo R. I. for a period of 10 years for the offence under Section 304 B of the I. P. C. , however no separate sentence was passed for the offence under Section 498-A, ipc. The Appellant Nos. 2 to 5 were acquitted from the charge under Section 304-B I. P. C. but they were convicted for the offence under section 498 A/34, I. P. C. and were sentenced to undergo R. I. for a period of two years each and also to pay fine of Rs. 500/- each in default to undergo S. I. for two months. Against the said judgment and conviction and sentence, the present appeal has been filed by the appellants.