- (1.)The two appellants before us are the son and the mother. Appellant No. 1 was the husband and Appellant No. 2 was the mother-in-law, respectively, of the deceased Smt. Sunita. Marriage between Appellant No. 1 and Smt. Sunita was solemnised in April, 1988. Smt. Sunita committed suicide on 14.1.1991 i.e. within three years of the marriage. This led to the prosecution of the two appellants as well as father and sister of Appellant No. 1 under Sections 304-B and 498-A of Indian Penal Code (IPC).
(2.)We may mention that as per the prosecution, just before her death, she even gave a statement which was recorded as Ex. P.9. After her death, it was treated as dying declaration and case was registered against the accused persons. After the completion of the investigation they were all committed to their trial. The accused persons did not admit to the charge and abjured their guilt. As per them they were falsely implicated in the matter. The trial proceeded. Various prosecution witnesses were examined. On the basis of the oral and documentary evidence brought on record, the Sessions Court returned the verdict of guilty qua the appellants herein, as well as sister of Appellant no.1.
(3.)The Trial Court sentenced both the appellants as well as Sunita, sister of Appellant no.1 to undergo one year rigorous imprisonment (R.I.) for offence under Section 498 A of IPC. A fine of Rs. 1,000/- on each of the appellants was also imposed and in default the appellants were to undergo an additional R.I. for six months. For offence under Section 304-B, both the appellants were sentenced to 10 years rigorous imprisonment with Rs. 1,000/- as fine with similar default clause.