JUDGEMENT
G. S. Ahluwalia, J. -
(1.)This Criminal Appeal under Section 374 of CrPC has been filed against the judgment and sentence dated 30/09/2003 passed by 6th Additional Sessions Judge (Fast Track Court), Bhind in Sessions Trial No.260/2002, by which the appellants have been convicted for the offence under Sections 304-B, 498-A, 201 of IPC as well as Section 4 of Dowry Prohibition Act and sentenced to undergo the rigorous imprisonment of ten years, rigorous imprisonment of two years, rigorous imprisonment of two years and rigorous imprisonment of one year and fine of Rs. 1,000/- for each offence respectively, with default imprisonment.
(2.)The undisputed fact is that appellant No.1-Lokendra Singh is the husband, appellant No.2-Jogendra Singh is the brother-in-law and appellant No.3- Bitouli Devi is the mother-in-law of the deceased. Smt. Rama, who is the sister-in-law of the deceased, was also tried along with the appellants, but she has been acquitted. Her acquittal has not been challenged either by the State or by the complainant, therefore, any reference to Smt.Rama would be in the context of allegations made against the appellants.
(3.)The necessary facts for the disposal of present appeal in short are that on 06/07/2002, the deceased Saroj died other than in normal circumstances within seven years of her marriage. Her dead body was disposed of by the appellants in a clandestine manner. According to the prosecution case, the deceased was married to the appellant No.1 on 09/05/1997 as per Hindu rites and rituals. At the time of marriage, father of the deceased Saroj had given Rs. 60,000/-in cash and articles worth of Rs. 30,000-35,000/-. About one and a half years from the date of marriage, the deceased Saroj was kept properly. However, thereafter the appellants started demanding Rs. 50,000/- and a motorcycle from the deceased Saroj and because of non-fulfillment of said demand, the deceased Saroj was being harassed by the appellants. Ultimately, she died under suspicious circumstance. Thereafter, the dead body of the deceased was thrown in the river after tying the same with heavy stones. Prior to her death, she had requested her brother Vinod Singh Chauhan on 05/07/2002 to take her back otherwise she would be killed. When the father of the deceased Ravindra Singh Chauhan, came back to his house on 07/07/2002, Vinod Singh Chauhan informed his father about the telephonic request made by the deceased and accordingly, on 08/07/2002 the brother of the deceased went to the matrimonial house of the deceased and found that the house was locked and there was nobody in the house. An information was given by the brother of the deceased to his father and accordingly, the parents of the deceased along with some other persons came to village Phoop, District Bhinnd, where they were informed by the neighbourers that the deceased Saroj has already been killed by the appellants and her dead body has been immersed in Kuari river near Paraghat. The dead body of the deceased was identified by the parents of the deceased. The police, after completing the investigation, filed the charge sheet against the appellants for the offences under Sections 304- B, 498-A, 201, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
The trial Court framed the charges under Section 304-B, in the alternative Section 304-B/34, under Section 498-A in the alternative Section 498- A/34, under Section 201 of IPC and under Section 4 of Dowry Prohibition Act.