- (1.) The facts are as under: Neelam Kumari and Anil Kumar were married on 4th December 1998 and as per the prosecution story sufficient dowry had been given to the accused at the time of the marriage. They were however dissatisfied with what had been given to them and in July 2000, a demand was made for Rs. 20,000/- for the purpose of buying a motor cycle or scooter. As this demand was not satisfied Neelam Kumari was turned out up her matrimonial home although she was in an advanced stage of pregnancy. A motor cycle was thereafter purchased for Anil Kumar. It is further the prosecution story that on 22nd April, 2003 Neelam Kumari and Anil Kumar visited Rajni Bala (PW.16), sister of Neelam Kumari, also a resident of village Ladda Kothi, where Neelam Kumari told her sister that her husband was now demanding Rs. 50,000/- in order to construct a room in the house and was misbehaving with her as this amount was not being provided by her parents. As per the prosecution story Neelam Kumari's dead body was spotted on the embankment of a seepage drain in the area of Barnala by one Komal Singh on 25th April, 2003. A FIR was duly registered and after investigation a charge sheet was filed and a charge under Sections 302/34 and 201 and in the alternative 304-B/34 & 201 of the IPC was framed against Anil Kumar and his parents, the appellants herein.
(2.) The Trial Court relying on the evidence of Chunni Lal (PW.15), the father of the deceased, her mother Sudesh Kumari (PW.1) the complainant and Rajni Bala, (PW.16) convicted all the accused for the offence punishable under Section 304B and 201 of the IPC but acquitted them of the offence of murder and they were sentenced accordingly.
(3.) An appeal was thereafter taken to the High Court. The High Court confirmed the judgment of the Trial Court. A special leave petition was filed by the three accused but leave was granted qua the appellants only. We have accordingly heard this appeal today assisted by the learned Counsel for the parties.;