POONAM SRIVASTAV,S.C.AGARWAL,J - (1.) THESE two Criminal Appeals are preferred against the judgment and order dated 29.6.2005, passed by Spe­cial Additional Sessions Judge/Special Judge (SC/ST), Gautambudh Nagar in Session Trial No. 247 of 2002, State v. Rajendra Swgh and three others. Both the accused are convicted under section 302/304-B I.P.C. and sentenced to life imprisonment under section 302 I.P.C. only and a fine of Rs. 1000/- each, in default of payment of fine further imprisonment of three months, under section 498-A I.P.C. three years R.I and a fine of Rs. 1000/- each, in default of payment of fine three months further im­prisonment, under section 3 D.P. Act five years R.I and a fine of Rs. 15000/- each, in default of payment of fine six months fur­ther imprisonment and under section 4 D.P. Act one year R.I and a fine of Rs. 1000/-each, in default of payment of fine three months further imprisonment. All the sen­tences are directed to run concurrently.
(2.) THE appellant Ravendra Singh is the husband of deceased and Smt. Swadesh is sister-in-law (Jethani). The occurrence is alleged to have taken place on 3.5.2002 at 4.00 P.M. in her matrimonial home, village Chachali, Police Station Jevar, District Gautambudh Nagar. F.I.R., was lodged on 4.5.2002 at 7.30 A.M. by Jagpal Singh (P.W. 1), father of the deceased. The distance of police station from the place of occurrence is 12 Kms. Postmortem on the body of the deceased was performed on 4.5.2002 by Dr. Anand Prakash (P.W.6). According to the opinion of the Doctor, death occurred due to Asphyxia, as a result of strangulation. Following ante mortem injuries were de­tected by the Doctor on the body of the de­ceased: - (i) Ligature mark all around the neck 31 cm. x 1.5 cm. in the neck below thyroid cartilage. (ii) Abraded contusion 4 cm x 1 cm on left side neck higher up in the neck obliquely placed running down­ward and medially. (iii) Abraded contusion 3.5 cm. x 1 cm. right side neck, higher up and obliquely placed running down­ward medially. The prosecution examined 11 wit­nesses in support of its case. P.W. 1-Jagpal Singh, the father of the deceased and first informant. P.W. 2- Urmila. neighbour of Jagpal Singh. P.W. 3- Premwati @ Guddi, sister-in-law of Jagpal (Aunt of the deceased), P.W. 4- Gulshan is an acquaintance of Jagpal and he had accompanied him to the matrimonial home of the deceased when information was received in the vil­lage and he is also witness of inquest. P.W. 5- Smt. Jayshree, mother of the deceased P.W. 6- Dr. Anand Prakash, who per­formed autopsy. P.W, 7- Sudhakar Yadav, CO., who is Investigating Officer and has also proved recovery memo of the rope. P.W. 8 Sheoraj Singh Malik, S.I. another witness of recovery of memo of rope. P.W. 9- Dhanpal Singh, Uncle of the deceased and witness of inquest. P.W. 10- Rajendra Singh, H.C., scribe of the First Information Report. P.W. 11-Dinesh Kumar, brother of the deceased.
(3.) TWO defence witnesses were ex­amined on behalf of the appellants. D.W. 1-Smt. Devi, neighbour of the appellants. D.W. 2- Moti Singh, who had helped in taking down the body etc.;