R.R.Prasad, J.

All the three appeals arising out of the same case were heard together and are being disposed of by this common judgment.

2. The appellant Shibu Mahto of Cr.App.(D.B) No.243 of 2013 was put on trial along with seven others on the accusation of committing dowry death of his wife Urmila Devi and alternatively for committing her murder. The trial court while acquitting seven others of both the charges under Section 302/34 and 304B/34 of the Indian Penal Code and also the appellant Shibu Mahto of the charge under Section 302/34 of the Indian Penal Code did find the appellant Shibu Mahto guilty for the charge under Section 304 of the Indian Penal Code convicted the appellant for the said offence vide its judgment dated 22.2.2013 and sentenced him to undergo imprisonment for ten years vide its order dated 25.2.2013.

3. The case of the prosecution is that the deceased Urmila Devi was married to the appellant Shibu Mahto in the year 2009. After the marriage, husband, father-in-law, mother-in-law and other family members started subjecting her to cruelty on account of non-fulfillment of demand of dowry. In order to prevent the accused persons from subjecting the deceased to cruelty, 2.5 decimal of the land was transferred in the name of the appellant. Subsequently, a sum of Rs.50,000/-was also given to the members of the in-laws’ family of the deceased for constructing a house. In spite of that, the appellant and other family members again started demanding money for purchasing tractor. When the appellant Ashru Sao (P.W.1), father of the deceased expressed his inability to meet the demand, they started subjecting the deceased to cruelty more. On getting this information, the informant came to her daughter’s place on 7.9.2011 and made request to all the accused persons not to subject the deceased to cruelty and at the same time, he told them that he is unable to meet the demand.

4. Further case of the prosecution is that on 9.9.2011 at about 9.30 p.m. this appellant and other family members altogether twelve in number including those seven persons, who have been acquitted, put the deceased on fire in order to kill her as a result of which, she received burn injury extensively. At about 12 in the midnight, Ranjeet Mahto and Khedan Mahto (both not examined) relatives of the informant removed her to Bokaro General Hospital. On getting information on telephone, the informant in the night at about 1.30 a.m. came to the Hospital where the deceased told him that the accused persons after pouring K.Oil put her on fire. The deceased died on 10.9.2011. at about 5 a.m.

5. It is also the case of the prosecution that when the deceased was removed to Hospital and was being treated there in Casualty Ward, ASI, Baban Singh (P.W.15) came and recorded the statement of Urmila Devi which was reduced in writing (Ext.3) wherein it had been stated that while she was in her house, the appellant Shibu Mahto poured K. Oil on her and it was her aunt Nirmala Devi (since acquitted) who put her on fire.

6. After the death of the deceased, when OD slip was received, Ram Pyare Ram (P.W.17), who had been posted at Sector IV Police Station came to Hospital and recorded the Fardbeyan (Ext.1) of Ashru Sao (P.W.1) wherein he stated about the incident as has been stated above and took up the investigation during which he held inquest on the dead body and prepared an inquest report (Ext.6). He having prepared dead body challan, sent the dead body for post mortem examination which was conducted by Dr.Vikash Kumar (P.W.14), who upon holding autopsy of the dead body did find following injuries.

“Burn about 90% over scalp hair, all over face, front and back of the neck, front and back of the chest both sides, both sides all over abdomen, both shoulder arm and forearm and both thigh and legs. No deformity was found in brain. Hyoid bone was intact. Trachea and larynx congested. Right chamber of the heart was found full with blood and left chamber was found e