(1.) Learned counsel for the appellants has produced before this.court the original death certificate dated 27-12-2005 which shows that appellant No. 4. Bindeshwar Sah died on 13-12-2005. A photo-stat copy of the aforesaid death certificate issued by District Board. Nawadah be kept on record and let this appeal abate in respect of appellant No. 4 Bindeshwar Sah. In respect of appellant No. 5. Pramila Devi, learned Counsel for the appellants is permitted to correct the name of her husband as Bindeshwar Sah in place of Muneshwar Sah.
(2.) This appeal is directed against the judgment and order dated 19-2-2002 passed by learned Additional Sessions Judge, II. Nawadah in Sessions Trial No. 132/2001 Trial No. 98 of 2001 ( Arising out of Nawadah P.S. Case No. 242 of 2000. All the appellants have been convicted under Sections 304-B/34, 201/34 and Section 498-A of the I. P.C. For offence under Section 304-B/34 I.P.C. they have been awarded rigorous imprisonment for life, for the offence under Section 201/34 I.P.C. and also for the offence under Section 498-A of the I.P.C. they have been awarded rigorous imprisonment for three veers each for the aforesaid offences.
(3.) The prosecution case according to Farebeat (Exhibit-2) of P.W.9. the informant. Shvam Babu Sah. is to the effect that the deceased his daughter Sandhva Devi was married with appellant No. 1. Biriu Sah in the veer 1995 as per Hindu rites. He had made gift of usual articles and Rs. 5100/- in cash but soon after the marriage appellant no. 1, his father. Bindeshwar Sah and mother Parmila Devi (original ^appellant no. 5) came to the Ouarter of the informant at Biharsharif and made a demand of Rs. 15.000/- on the plea that money was needed for opening a shop. The informant failed to meet the demand and thereafter whenever he visited his daughter the deceased at Nawadah the demand was reiterated by accused Lakhendra Sah. Baiiu Sah ( appellant no. 3) brothers of Biriu Sah and their wives, whose names were not known to the informant and also by another vounger brother of Biriu Sah namelv Laddu Sah ( appellant no. 2). His daugher Sandhva Devi used to inform him that all the persons were torturing her because of non-payment of money and that the informant should any how arrange the money and pay them otherwise she may be killed. Pramila Devi the mother-in-law allegedly had taken away the ornaments of Sandhya Devi. Whenever Sandhya Devi used to come to Biharsharif she informed her mother Lalita Devi regarding torture meted to her by her in-laws. On 2-10-2000 at 9 P.M. the informant received information from one Jugal Sah. maternal uncle of appellant Biriu Sah and also a distant relation of informant that Sandhva Devi has been killed and her dead body has been thrown in river Khuri. When the informant came to the house of; in-laws of his daughter then he found that all of them had left the house. About the dead body he could gather information that it was thrown in the river till the previous day but in the previous night it had been concealed somewhere in the sand of the river. The occurrence of killing had allegedly taken place in the night of 30th September 2000.