(1.) Both the appellants namely Amar Nath Mahto and Usha Devi have been found guilty for an offence punishable under Section 304B/34 of the I.P.C. vide judgment of conviction dated 09.09.2016 and each one has been sentenced to undergo rigorous imprisonment for 10 years with a further direction to set off in terms of Section 428 of the Cr.P.C. with regard to custodial period spent during course of trial vide order of sentence dated 16.09.2016 passed by the Additional Sessions Judge-4th, Patna in Sessions Trial No.1459 of 2013.
(2.) The factual matrix of the case as is evident on the basis of the fard-bayan of Saroj Devi (PW-9) on 02.03.2010 at P.M.C.H. before police officials of Pirbahore P.S. is that her daughter Aarti Devi was married with Dharmendra Mahto, son of Amar Nath Mahto. On 19.02.2010 at about 6.00 p.m. father in-law Amar Nath Mahto, Usha Devi, Fufia Sas and Chachia Sas lit fire over her body after sprinkling kerosene oil for the dowry. After coming to know about the same, she rushed and found her daughter badly burnt. Till then, her son-in-law, who happens to be driver also arrived and then, all of them admitted her at P.M.C.H. where she succumbed on 02.03.2010 during course of treatment. It has also been divulged that statement of her daughter had already been recorded by the Pirbahore P.S. at an earlier occasion at P.M.C.H. itself. It has also been disclosed that for the last three days her son-in-law had also left her daughter.
(3.) The aforesaid fard-bayan was forwarded to Digha P.S. on the basis of which, Digha P.S. Case No.57 of 2010 was registered on 08.03.2010, followed with an investigation as well as submission of chargesheet paving the way of trial, which ultimately concluded with finding of guilt and sentence against appellants, put under challenge.
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