Per : Hon’ble B.C. Kandpal, J. — This Criminal Appeal, U/S 374 Criminal Procedure Code, has been filed against the judgment and order dated 31-5-1999, passed by the then Sessions Judge, Pauri Garhwal, in Sessions Trial No. 25 of 1998, State Vs Vimal Tewari and two others, where by the accused/appellants Vimal Tewari, Vijai Prakash Tewari and Smt. Basanti Devi were convicted for the offences punishable U/Ss 304-B read with Section 34 I.P.C. and 498-A read with Section 34 I.P.C. and each of them were sentenced to life imprisonment U/S 304-B/34 I.P.C. and three years R.I. and a fine of Rs. 5000/- U/S 498-A/34 I.P.C. and in default of payment of fine to undergo S.I. for two months. All the sentences were to run concurrently.

2. The facts giving rise to the present appeal, in brief, are that Smt. Kusum Tewari was married with accused Vimal Tewari on 18th June, 1997. Dowry was also given in her marriage by her brothers. However, accused persons Vimal Tewari (husband), Raghunandan (father-in-law), Smt. Basanti Devi (mother-in-law) and Vijai Prakash Tewari (brother-in-law) were not satisfied, hence they started treating Smt. Kusum with cruelty and harassment for their unlawful demand of dowry. She was also beaten by the accused persons. Her cousin Ram Bharonse Pant and other villagers tried to pacify the accused persons but they did not satisfy. When the brothers of the deceased expressed their inability to fulfil the demand of dowry, the accused persons harassed her and compelled her to commit suicide. Consequently the Smt. Kusum died either by consuming poison herself or she was administered poison by the accused persons. The information of the death of the deceased was given to her parental-village by accused Vimal Tewari on 17.3.1998. Thereafter, on 18.3.1998, at about 4.30 p.m. Ram Bharonse Pant, cousin of the prosecutrix, lodged the F.I.R., Ext. Ka. 1, at P.S. Srinagar. On the basis of the written report, chick F.I.R., Ext. Ka. 6 was prepared by Head Moharrir and case was registered against the accused persons vide entry made in the General Diary, copy of which is Ext. Ka. 7.

4. S.I. Anand Singh Kathait, on receiving information of the death of deceased from the Hospital reached in the Hospital, where the dead body of the deceased was lying. He prepared inquest report, Ext. Ka. 10, photo lash, challan lash, Ext. Ka. 12, sample of seal, Ext. Ka. 11, letter to C.M.O., Ext. Ka. 13, and letter to R.I., Ext. Ka. 14. The I.O. inspected the place of the occurrence and prepared site plan, Ext. Ka. 8. He also took into possession the inland letters, Ext. Ka. 2 to Ka. 4 sent by the deceased to her brother Dinesh Chandra Pant, vide memo Ext. Ka. 9.

5. On 18.3.1998, at 1.05 P.M. Dr. K.C. Jangpangi, Medical Officer, District Hospital, Pauri conducted autopsy on the dead body of the deceased Smt. Kusum Tewari. No external mark of injury was seen over the dead body of the deceased and the Medical Officer opined that her death could not be ascertained, therefore, viscera was preserved for chemical examination. The viscera was sent for chemical examiner and the chemical examiner submitted his report, Ext. Ka. 16, and organ-phosphorous insecticide poison was found in parts of the viscera. After completion of the investigation, the I.O. submitted charge sheet, Ext. Ka. 15 against the accused persons.

6. After committal of the case, the learned Sessions Judge framed charges U/S 498-A/34 and 304-B/34 I.P.C. against the accused persons. They pleaded not guilty to the charges and claimed to be tried.

7. The prosecution, in order to prove its case, examined five witnesses. Out of these, PW-1, Ram Bharonse Pant, is the informant. He has proved the written report, Ext. Ka. 1. This witness also deposed about the ill-treatment of the deceased at the hands of the accused. He has deposed that the deceased after her marriage had come to his house in the month of December and she had narrated about her ill-treatment by the accused persons for not fulf