Both these appeals have been heard together, which arises out of same judgment, and disposing herewith by this common judgment.

2. Heard Mr. Ajay Kr. Thakur, learned counsel appearing on behalf of petitioners and Mr. Syed Ashfaque Ahmad and Mrs. Anita Kumari Singh, learned A.P.Ps. for the State.

3. Both these appeals preferred by appellants/convicts namely, Bal Mukund Malakar & Meena Devi in Cr. Appeal (SJ) No. 2469/2017 and Sri Ram Malakar in Cr. Appeal (SJ) No.2688/2017 against judgment of conviction dated 03.08.2017 and order of sentence dated 04.08.2017 rendered by learned Fast Track Court No. 1, Khagaria in Sessions Trial No. 105/2016 and 94/2017, (arising out of Khagaria P.S. Case No. 451/2015), whereby and where-under all these appellants have been convicted for the offence punishable under Section 304- B/34 of the IPC and sentenced to undergo rigorous imprisonment of seven years each and to pay a fine of Rs. 5000/-, and in default of payment of fine, both appellants have to undergo further for simple imprisonment for a period of one year for Bal Mukund Malakar & Meena Devi in Cr. Appeal (SJ) No. 2469/2017. So far as appellant namely, Sri Ram Malakar in Cr. Appeal (SJ) No.2688/2017 is concerned, he was further sentenced to undergo R.I. for ten years under Section 304B/34 of the IPC along with fine of Rs. 10,000/- and in default of payment of fine appellant have to undergo further rigorous imprisonment for a period of one year.

4. The crux of prosecution case as springs that the informant’s daughter, Soni Kumari Rubi, was married to accused Sri Ram Malakar, son of Balmukund Malakar, of Bhagat Tola, P.S. Khagaria, District Khagaria, on 28.11.2013. At the time of marriage, the informant allegedly gave gold ornaments worth about Rs. 5 lakhs, along with other household articles as dowry/gifts. After marriage, Soni Kumari went to her matrimonial home and remained there for about 15 days, during which her husband, parents-in-law and sister-in-law allegedly taunted her for not bringing sufÏcient dowry and demanded Rs. 1 lakh in cash, a motorcycle and an LED television from her parents. Soni Kumari allegedly informed her mother about the dowry demands and also stated that she was being assaulted by her husband and in-laws and feared that they might kill her if the demands were not fulfilled. Subsequently, on 04.07.2015 at about 6:30 P.M., the informant allegedly received information over mobile phone No. 8406005545 that her daughter, Soni Kumari, had been brutally murdered by her husband, father-in-law, mother-in-law and sister-in-law. Thereafter, on 05.07.2015, the informant submitted a written application before the S.H.O., Khagaria Police Station, alleging the aforesaid offence against the accused persons.

5. On the basis of aforesaid written information of the informant Khagaria P.S. Case No. 451/2015 was registered and after completion of investigation, investigating ofÏcer submitted charge sheet against the accused persons and cognizance was taken by the learned CJM, Khagaria on 12.04.20216 and finally the case was committed to the court of Session on 12.04.2016.

6. After commitment, learned trial court explained charges to appellants/accused, on the basis of materials collected during investigation, which they pleaded “not guilty” and claimed trial.

7. To substantiate its case, the prosecution has examined altogether ten prosecution witnesses and two defence witnesses, which are as under:-

D.W. 1 Dr. Sambart Kumar D.W. 2 Dr. Manish Kumar

8. The prosecution has also relied upon the following documents as to substantiate its case and exhibits from defence also, which are as under:-

9. After examination of prosecution witnesses and by taking note of evidence and incriminating circumstances as surfaced during trial, statement of accused persons including appellants/accused were recorded under Section 313 of the Cr.P.C. which was denied in totality by showing complete innocence.

10. On the basis of evide