- (1.)Leave granted.
(2.)The facts and the circumstances involved in the case has shocked the conscience of the Court and we take a serious note that neither the trial court nor the High Court proceeded in accordance with law rather acted on their own whims and fancies as if the courts are not bound to follow the law made by the competent legislature.
The trial Court convicted the Respondents under Section 498A of the Indian Penal Code, 1860 (for short "Indian Penal Code) and awarded the sentence of three (3) years and imposed a fine of Rs. 2000/- (Rupees two thousand only) and in case of non payment of fine, a further sentence to undergo simple imprisonment for a period of three (3) months. They were also convicted under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'Act, 1961') and imposed a sentence for a period of 3 months each and to pay a fine of Rs. 3000/- (Rupees three thousand only) each and in default of payment, they were sentenced to undergo simple imprisonment for a period of one month of each of the offence.

(3.)Aggrieved, the Respondents filed appeal before the Sessions Court. The first appellate court dealt with the case. Relevant part of the order runs as under:
20. On recording findings in the aforesaid points this Court finds there was no legally acceptable evidence for convicting Al for the offence Under Section 498A Indian Penal Code and A3 to A5 for the offence Under Section 4 of Dowry Prohibition Act. So, Appellants 3 to 5 are entitled for acquittal. Appellants 1 and 2 are liable for punishment only Under Section 3 of Dowry Prohibition Act for having accepted three Demand Drafts and not explaining the same though burden is on them as per Section 8A.

21. In the result, the appeal is partly allowed. 1st Appellant is acquitted of the charge Under Section 498A Indian Penal Code, but his conviction for the Under Section 3 of Dowry Prohibition Act is confirmed including the sentence. The conviction of 2nd Appellant Under Section 3 of Dowry Prohibition Act is confirmed including the sentence. The appeal is allowed with regard to the Appellants 3 to 5 and sentence imposed on them is set aside. The fine amount paid by them shall be refunded after appeal time. The fine amount paid by 1st Appellant for the offence Under Section 498A Indian Penal Code shall be refunded to him after appeal time.