(1.) Heard Mr. A.K.Chaturvedy, learned counsel for the appellant and Ms. Priya Shrestha, learned A.P. P., appearing for the State.
(2.) This appeal is directed against the judgment of conviction dated 28.02.2006 and order of sentence dated 01.03.2006 passed by Sri Vishwanath Sahu, Ist Additional Sessions Judge, Chatra in Sessions Trial No. 16/2003 whereby and whereunder the appellant has been sentenced to undergo R.I. for seven years for the offence u/s 304 B/34 of the IPC.
(3.) Simariya P.S. Case No.66/2002 (G.R. No.568/2002) has been registered on 06.09.2002 under Section 304B/34 of the IPC on a typed report submitted by the informant-Keshar Yadav (P.W.4). As per allegation, the deceased, namely, Kanti Devi daughter of the informant was married to the accused in the year 1999 as per Hindu rites. Marriage gift has been given by the father of the deceased but still they demanded cycle, two she-buffalo and a sum of Rs.5,000/-, on non-fulfillment of the said demand, she has been harassed and finally she has been killed. Informant has received information that her daughter has been killed and thrown in the dam. On receiving such information, he rushed to the dam known as Chadram Dam where he saw the dead body of the deceased-Kanti Devi lying on a cot. Allegation has been made that his daughter has been killed either by administering poison or by adopting other methods and body has been thrown in the dam. As per statement of the informant, he saw the dead body of his daughter. It has been claimed that stomach was not swollen and blood was oozing from her nose.