D.N. Upadhyay, J.

These criminal appeals have been directed against the judgment of conviction and sentence dated 05.06.2006 and 06.06.2006 respectively, passed by Sri Indradeo Misra, Addl. Sessions Judge-VI, Dhanbad in connection with Sessions Trial No.577 of 2004, corresponding to G.R. No.954 of 2004 arising out of Baghmara (Kharkhare) P.S. Case No.102 of 2004 whereby the appellants have been held guilty for the offences punishable under Sections 304B and 302 of the Indian Penal Code and each of them have been sentenced to undergo R.I. for seven years under Section 304B of the Indian Penal Code and R.I. for life under Section 302 of the Indian Penal Code.

2. The case of prosecution, as it appears from the written report lodged by Ganesh Mahto, in brief, is that his daughter Sunita was married with appellant Gokul Mahto on 22.07.2002. In the marriage a sum of Rs.1,05,000/- in cash, Hero Honda Splendor motorcycle bearing registration no. JH 10 B 7406 and five tolas of gold were given but the appellants were not satisfied with cash and articles given and they put forth further demand of colour T.V., freeze, sofa set and bed etc. Due to non-fulfilment of aforesaid demand Sunita was subjected to torture and treated with cruelty by her husband and relatives of her husband. It is disclosed that Sunita was blessed with a male child who at the time of occurrence was aged 78 months. On 27.03.2004 in the morning at 10.00 a.m. Yogeshwar Mahto and Fani Mahto informed that daughter and grand son of informant are seriously ill. Receiving such information, the informant with Fani Mahto went to matrimonial home of Sunita. He found the appellants present in the house, dead bodies of Sunita and her son were lying on the cot. Till the informant could understand the situation, the appellants gave him a push and fled away from the house. It is further stated in the written report that on 23.03.2004 sons of informant had been to the house of Sunita but they were not attended properly by the appellants and nobody talked to them. Sunita (deceased) told her brothers, if the demand made by the appellants is not fulfilled by 25.03.2004, she along with her son would be done to death.

3. On the basis of written report lodged by Ganesh Mahto (PW6) District Dhanbad, Sub-Division Sadar, Baghmara (Kharkhare) P.S. Case No.102 of 2004 dated 27.03.2004 under Sections 302 & 304B of the Indian Penal Code against all the appellants was registered. The police, after due investigation, submitted chargesheet. Accordingly, cognizance was taken and the case was committed to the court of sessions and registered as Sessions Trial No.577 of 2004.

Charge under Section 304B of the Indian Penal Code for causing death of Sunita and charge under Section 302 of the Indian Penal Code for committing murder of infant son of Sunita were framed against all the appellants. The charges were read over and explained to the appellants to which they pleaded not guilty and claimed to be tried. To substantiate the charges so framed, prosecution examined altogether eight witnesses including the informant, the doctor who conducted post mortem examination and the Investigating Officer. The learned Addl. Sessions Judge, at the conclusion of trial, placing reliance on the evidence and documents available on record, held the appellants guilty and sentenced them, as indicated above.

4. Dr. P.K. Arya PW1 had conducted post mortem examination on the dead body of Sunita. He has found ligature mark dark brown in colour above the larynx in front of neck going obliquely to the left 1/4” and the right 3/4”. Subcutaneous tissue was hard, dry and parchment like with marking of rope. The doctor did not find any other external injury on the person of deceased. The cause of death, according to the doctor, was asphyxia as a result of hanging. He has proved post mortem report as Exhibit1. The doctor has further conducted authpsy on the dead body of Rahul Mahto, a male child of 7 months, and found :

(i) cont