JUDGMENT :

RATNAKER BHENGRA, J

This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 9.7.2001 passed by the 1st Additional Sessions Judge, Godda in S.T. Nos. 196 of 1993/74 of 2001 whereby and where under appellant was convicted u/s 304-B and 498-A of IPC and sentenced to undergo R.I. for seven years with fine of Rs. 5000/- u/s 304-B IPC and in default of payment of fine R.I. for one year. Appellant was further sentenced to undergo R.I. for three years with fine of Rs. 1000/- u/s 498-A IPC and in default of payment of fine appellant had to undergo R.I. for six months. The sentences so passed were ordered to run concurrently.

2. The case of prosecution is based on the written report dated 24-2-1993 of Pankaj Kumr Gun PW-1 who is the brother of the deceased Anita Kar. Informant has stated in his written report that on 23rd February, 1993 his younger brother Shymal Kumar Gun (PW-2) had gone to Poraiyahat from his village Jarmundi to take his sister home. However, his brother-in-law accused Shyam Chandra Kar along with his family members refused to allow bidai of his sister Anita Kar. There Anita Kar told her brother (PW-2) that the accused persons used to assault her and had threatened to do away with her life and also said to bring Rs. 5000/- from Jarmundi. Deceased also said that she often had quarrel with his father-in-law, mother-in-law and her husband for such demand and hence to take her to Jarmundi. The further case of the prosecution is that Anita was assaulted by her husband in the presence of her brother (P.W.-2).The informant further stated that when his brother returned home at night he told about the incident. Then informant along with his uncle reached Poraiyahat on 24.2.1993 where they were informed by Prahlad Kumar Rooz, Nimai Sen, Subodh Chandra Kar, Bishwanath Kar and Vindayachal Kar all resident of Poraiyahat and other villagers that Shyam Chandra Kar and his family members have murdered Anita Kar and were burning the body to destroy the evidence. Informant further stated that incident is of 23.2.1993 at 8 p.m.

3. On the basis of the written report of the informant Poraiyahat P.S. case no. 35 of 1993 was registered under Sections 304-B, 498-A, 201/34 of IPC. After completion of investigation charge sheet was submitted and cognizance of the offences were taken and the case was committed to the court of sessions for trial. Charges were framed against six accused persons under sections 304-B/34, 498-A/34 and 201 of IPC to which the appellant claimed to be tried. Accordingly, trial was held and after conclusion of the trial five accused persons were acquitted by the impugned judgment of the learned court below but the appellant herein was convicted and sentenced as aforesaid. Hence, this appeal.

4. (i) Prosecution examined altogether 19 witnesses to prove its case. PW-1 Pankaj Kumr Gun is the informant of this case and brother of the deceased. PW-2 Shyamal Kumar Gun is also the brother of the deceased, PW-3 is Mihirkant Gun, PW-4 is Asim Kumar Gun and PW-5 is Samir Kant Gun. PW-3, PW-4 and PW-5 are the uncle of the deceased.

(ii) Postmortem examination on the dead body of the deceased was conducted by team of doctors consisting of PW-6 Dr. Satyendra Mishra being the team leader, PW-7 Dr. Pradeep Kumar Sinha and PW-8 Dr. Ajit Kumar.

(iii) The other set of prosecution witnesses are from the village of appellant who are PW-9 Subodh Chandra Kar, PW-10 Ajit Kumar Kar, PW-11 Bhola Nath Kar, PW-12 Nimai Chandra Sen, PW-13 Bhuvan Chandra Dey, PW-14 Bishwanath Kar, PW-15 Prahalad Kumar Kar, PW-16 Vindhyachal Kar out of which PW-11 is a tender witness and PW-12, PW-14 and PW-15 are hostile witnesses.

(iv) PW-17 Sudeshwar Prasad Yadav is bench clerk of JM Court Godda. PW-18 is the investigating officer of the case and PW-19 is ASI.

5. PW-1 Pankaj Kumar Gun is the informant of the case and brother of deceased Anita Kar. He has stated in his evidence that his sister was married to the acc