JUDGMENT

1. This appeal is by the accused appellant Sudhir Rajbhar challenging the judgment and order of conviction and sentence, dated 08.02.2019, passed by the 3rd Additional Session Judge, Ballia in Session Trial No. 123 of 2017 (State vs. Sudhir Rajbhar and another) arising out of Case Crime No.301 of 2017, Police Station- Rasara, District- Ballia, whereby he has been convicted and sentenced to life imprisonment for the offence under Section 304B I.P.C., further to undergo rigorous imprisonment of three years for the offence under Section 498A I.P.C. with a fine of Rs. 5,000/- in default thereof, to undergo three months additional simple imprisonment, further to undergo two years rigorous imprisonment for the offence under Section 4 of Dowry Prohibition Act with a fine of Rs.2000/- in default thereof, to undergo three months additional simple imprisonment. All the sentences are to run concurrently.

2. The prosecution case proceeds on the basis of the written report (Ex.Ka-1) as per which the informant Sohan Rajbhar, who is the resident of district Mau had solemnized the marriage of her daughter with accused appellant on 29.04.2016. Ever since the marriage, the informant’s daughter (deceased) was being harassed for demand of dowry. There had been hot talks between the informant and the accused appellant. It is alleged that on 2.3.2017 informant’s daughter was given poison and has been done to death by the mother-in-law, father-in- law, husband and two brothers & their wives. There was persistent demand of dowry at their instance. The name of the deceased is Anju who was 21 years of age. On the basis of the aforesaid written report, case crime no. 301 of 2017 was registered under Sections 498-A, 304-B I.P.C. The inquest followed in which the mother of the deceased and her father and brother were witness. No external injury was noticed on the body of the deceased and the inquest witnesses resolved that post mortem be conducted to ascertain the cause of death. The body was accordingly sent for post mortem. It is worth noticing that in the inquest report no time is mentioned with regard to the commencement or its conclusion. The post mortem has been conducted on 2.3.2017 at about between 1.00 pm to 4.30 pm. The autopsy surgeon found no injuries on the body of the deceased and the cause of death accordingly could not be ascertained. The viscera was preserved. The statement of witnesses was recorded including that of the father, uncle and cousin of the deceased. The witnesses alleged that the deceased has been done to death on account of demand of dowry. The viscera report (Ex.Ka-25) was also received wherein insecticide poison was found in the intestine, stomach, liver and kidney of the deceased. Ultimately, investigation concluded with submission of charge sheet against the appellant and also his parents, who were the father-in-law & mother-in-law of the deceased, however, two brothers of the accused appellant and their wives were exonerated of the charges at the stage of submission of the charge sheet. The concerned Magistrate took cognizance in the matter and referred the case to the Court of sessions by which the offence was exclusively triable.

3. The trial proceeded in which charges were framed against the accused appellant on 17.07.2017 under Section 498A and 304 B I.P.C. Alternative charge was also framed under Section 302 I.P.C. and Section 4 of the Dowry Prohibition Act for demand of motor cycle and Rs.1,50,000/- cash.

4. The trial commenced in which the informant has been produced as P.W.1. He has stated that marriage of his daughter was solemnized on 29.4.2016 and his daughter has been poisoned, as the demand of dowry was not fulfilled. He has stated that the in-laws of the deceased were demanding a motor cycle and Rs.50,000/- cash. The deceased was also physically assaulted for such purposes. He has stated that on 1.3.2017 his daughter has been poisoned. The accused appellant telephonically informed P.W.1 that the decea