(1.) Both the appeals are directed against the judgment dated 6th March, 2013 and order dated 13.03.2013 passed by Sri Harendra Nath, Adhoc Additional Sessions Judge-V, Kaimur at Bhabua in Sessions Trial No. 307 of 2010/64 of 2010 arising out of Bhagwanpur (Belaon) P.S.Case No. 19 of 2010, by which he has convicted both the appellants under Sections 304B as well as 201/34 of the Indian Penal Code and also convicted them under Sec. 3 & 4 of Dowry Prohibition Act. By the aforesaid judgment, the learned Additional Sessions Judge has acquitted the appellants under Sec. 120B/34 of the Indian Penal Code. The learned Additional Sessions Judge has sentenced them to rigorous imprisonment for ten years under Sec. 304B of the Indian Penal Code and rigorous imprisonment for one year under Sec. 201 of the Indian Penal Code and fine of Rs. 2000.00 and also under Sec. 3 & 4 of Dowry Prohibition Act and sentenced them to rigorous imprisonment for six months. He has further directed that all the sentences shall run concurrently and in default of payment of fine, further imprisonment of two months.
(2.) The prosecution case, in brief, is that Lal Bihari Pal, P.W.6, has lodged a written report before the Officer Incharge, Belaon Police Station, stating, inter alia, therein that his daughter, Sushma Devi, was married in 2007 with the appellant-Rajesh Pal son of appellant Shiv Pal and in the year 2009 second marriage was solemnized. Further case of the prosecution is that after the second marriage when she went to her Sasural, the appellants, the mother-in-law and sister-in-law started demanding motorcycle and Rs. 20,000.00. Due to non fulfilment of demand of dowry, they started torturing her and after keeping all articles she was ousted from her house. Thereafter, a case was lodged against them. The said case was compromised and she returned back to her Sasural. Further case of the prosecution is that on 17.02.2010 in the night he received a call in his mobile from her Sasural, informing him that the condition of his daughter is critical and on this, he along with other witnesses went to the Sasural (Village-Panapur) of his daughter and there he found the house of his daughter, locked and the accused persons were traceless. It is further alleged that on 21.2.2010 at about 10 A.M. he came to know that her daughter was killed by the appellants and other accused persons and disappeared the dead body and fled away from the house.
(3.) On the basis of the aforesaid written report, Bhagwanpur (Belaon) P.S. Case No. 19 of 2010 was instituted against the appellants, as well as other accused persons under Sections 304B, 201/34 of the Indian Penal Code and Sec. 3 and 4 of Dowry Prohibition Act. The police after investigation submitted charge sheet in this case against the appellants in both the cases and continue the investigation against other accused persons.