[Criminal Appeal No.1613 of 2008]. The two appellants herein were convicted for the offences under sections 304B and 498A IPC by the Additional Sessions Judge VI, Gaya and the same was continued in appeal by the High Court of Patna. Initially three accused were charged for the offences under sections 328, 304B and 498A Indian Penal Code and sections 3 and 5 of Dowry Prohibition Act on the allegation that they harassed and were responsible for the unnatural death of one Babita Devi, the daughter of PW1 and PW6, mother and father respectively. All three accused were found guilty of the offences they were charged with by the trial court. Each of the accused was awarded punishment for seven years for the offence under section 304B IPC and two years for the offence under section 498A IPC. However, the trial court did not award any separate sentence insofar as the other offence of which the accused were charged of. Aggrieved by the judgment of the trial court dated 5th May 2003 all the three accused carried appeals to the High Court of Patna unsuccessfully. The instant appeal is carried by only two accused Chottan Sao and Kamla Devi who happened to be the deceased Babita Devi's father-in-law and sister-in-law (husband's brother's wife). We are informed that the third accused Suhas Sao, husband of the deceased Babita Devi served the sentence and did not choose to challenge the correctness of the judgment of the High Court.
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