- (1.)In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 30.09.1999 passed by Additional Sessions Judge, Janjgir, Sessions Division, Bilaspur, Madhya Pradesh (now CG) in ST No. 329/1995 whereby and whereunder he convicted the appellants for offence punishable under Section 306 of the Indian Penal Code (in brevity ' IPC ') and sentenced each of them to undergo RI for 5 years and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo additional RI for 2 months.
(2.)This is admitted by the appellants that marriage of the deceased Dilip Kumari was solemnized with appellant No.1-Pancham Lal, 2-3 years prior to the date of incident.
(3.)In brief, the prosecution story is that appellant No.3-Chhote Lal, appellant No.4-Roop Ram are the brother-in-laws of deceased. After the marriage appellants used to harass her that she does not do domestic work. On account of harassment, deceased consumed insecticide on 29.05.1994. She was admitted in hospital P.H.C. Janjgir Champa. Her dying declaration was recorded. On 30.05.1994 she died. A merg intimation was registered in police station Janjgir. After the inquiry, an FIR was registered in police station Janjgir. After completion of investigation, a charge sheet was filed against them under Section 306 , 498-A read with 34 of IPC . The trial Court framed the charge against them under Section 306 / 34 of the IPC. To bring home the charge, prosecution examined as many as 14 witnesses. They did not examine any witness on their defence. After completion of trial, trial Court convicted and sentenced them as aforesaid.