JUDGMENT :

Shree Chandrashekhar, J.

Govind Rai and Ashok Rai were put on trial on the charge under section 304-B/34 of the Indian Penal Code for causing dowry death of Shankari Devi. An alternative charge under section 302/34 of the Indian Penal Code was also framed against them. In Sessions Trial No. 291 of 2009, the appellants are convicted and sentenced to RI for life and a fine of Rs.10,000/-each under section 304-B/34 of the Indian Penal Code, with a default stipulation to undergo SI for six months. In so far as the alternative charge under section 302/34 of the Indian Penal Code is concerned, the learned trial Judge did not advert to the evidence in this regard and there is no finding against the appellants whether the charge under section 302/34 of the Indian Penal Code is proved or not.

2. The fardbeyan of Kaleshwar Rai was recorded by the officer-in-charge of Taljhari PS on 9th August 2009 around 10:00 AM at Machla. Kaleshwar Rai received a telephonic information early morning on 9th August 2009 from his son-in-law Ashok Rai that Shankari Devi caught fire and died due to burn injuries. Ashok Rai was married with Shankari Devi in the year 2007. When she visited her parents' pl