Ratnaker Bhengra, J.

1. Heard the parties.

2. The appellant, above named, has been convicted by the learned 6th Additional Sessions Judge, Hazaribagh on 20.03.2002 under Sections 304B and 498A of the Indian Penal Code in S.T. No. 426 of 1996/36 of 2002 and the appellant has been sentenced to undergo rigorous imprisonment for a period of seven years under Section 304B of the Indian Penal Code and at the same time, the appellant has been further sentenced to undergo rigorous imprisonment for a period of three years and has been liable to pay fine of Rs.5000/- and in default of payment of fine, he will further undergo rigorous imprisonment for a period of three months under Section 498A of the Indian Penal Code. Both the sentences were ordered to run concurrently.

3. The case of the prosecution, in brief, as per the fardbeyan of the informant Md. Hanif Ansari, PW-5 is that 6 years ago his daughter, the deceased Saiyeeda Khatoon was married with Mohiuddin Ansari at village Kargalo. Father of the victim deceased Saiyeeda Khatoon gave dowry also to the in-laws of the victim lady. In the marriage, the members of the in-laws of the deceased had demanded motorcycle, from the informant upon which the informant refused to fulfil that demand and from that time all the accused persons who happens to be the father-in-law, dewar Sakur Ansari, mother-in-law and Gotni of the victim deceased began torturing, assaulting and harassing the deceased for which panchayati was also held. On 07.02.1996, the father-in-law of the victim lady came to the informant and said regarding the ailing condition. The informant sent his son Hakim Ansari in the morning of 07.02.1996 to the place of his daughter at village Kargalo and on way to that village, the father-in-law disclosed that in the night the daughter of the informant Saiyeeda Khatoon has committed suicide. It is said that when the informant came to know the aforesaid message from his son, he along with others went to village Kargalo to see his daughter, and there her daughter Saiyeeda Khatoon was found dead and there was mark of rope on the neck of his daughter Saiyeeda Khatoon. The villagers disclosed that in the last night the informant’s daughter Saiyeeda Khatoon was assaulted by her dewar accused Sakur Ansari as a result of which Saiyeeda Khatoon committed suicide and died.

4. On the basis of the fardbeyan of the informant Hanif Ansari, the FIR was registered as Bishungarh P.S. Case No. 11/96 against the four accused persons including the accused Sakur Ansari under Section 304B/498A/34 of the Indian Penal Code. After investigation, charge sheet was submitted by the Police against the father-in-law of the victim lady, Ganpat Ansari (since dead) and the accused appellant Sakur Ansari, dewar of the victim lady. The case was committed to the Court of Sessions.

5. Prosecution examined altogether 13 witnesses in support of its case, namely, PW-1 Majruh Ansari, PW-2 Gayani Mahto, PW-3 Hakim Ansari, PW-4 Sujan Ansari, PW-5 Hanif Ansari, PW-6 Kailash Mahto, PW-7 Dr. Nidhish Sharan, PW-8 Chamru Mistri, PW-9 Sukhdeo, PW-10 Budhan, PW-11 Moti, PW-12 Moti Roy and PW-13 Ashok Kumar. The defence examined two witnesses, namely, DW-1 Md. Ansari and DW-2 Jakir Ansari to show that the accused Sakur Mian was living separately with his brothers.

At the conclusion of the trial, the sole appellant herein was convicted and sentenced as aforesaid. Hence, this appeal.

6. PW-5, Hanif Ansari, is the informant of the case and the father of the deceased-victim. He deposed that his daughter Saiyeeda Khatoon died around four years ago in her in-laws place. Five to six years before her death she was married to Mohiuddin Ansari of village Kargalo. After her marriage she used to live at her in-laws place where she was tortured and harassed. Her younger brother-in-law (dewar) and father-in-law complained about her in the context of dowry demands and that she was not working in the house. His son-in-law used to demand dowry. He ha