Yogendra Kumar Sangal, J. - (1.) This appeal is at the instance of two accused -persons namely Ram Sewak and Siya Ram who were convicted by the Second Additional Session Judge, Lakhimpur Kheri in S.T. No. 495 of 1996 State v/s. Ram Sewak and Ors related to Case Crime No. 220 of 1995, P.S. Hyderabad, District Lakhimpur Kheri under Sec. 498A and 304B IPC and 3/4 D.P. Act. They both have been held guilty by the learned Session Judge and sentenced for the offence under Sec. 304B IPC for a term of 10 years and Siya Ram has also been sentenced by five years rigorous imprisonment and a fine of Rs. 15,000/ -; under Sec. 3 of D.P. Act and accused Ram Sewak was sentenced under Sec. 4 of D.P. Act for 6 months rigorous imprisonment and to fine of Rs. 8,000/ -and in default of payment of fine to undergo for two years simple imprisonment. All the sentences held to run concurrently. It was further held that out of the amount deposited by the accused -persons as fine Rs. 20,000/ -will be paid to the informant as a compensation.
(2.) As per prosecution case and version of the FIR which was lodged on 20.11.1995 by the informant Mahadeo that marriage of his daughter Sunaina took place with the accused Ram Sewak according to Hindu rights and customs three years before of her death. Ram Sewak used to torture and harass his daughter for the purpose of fulfillment of his demand of dowry of 4 bigha land. He was not ready to give this land to the accused because he was having five sons. Uncle of the accused Ram Sewak namely Siya Ram used to instigate Ram Sewak saying that if she will be harassed informant will give him 4 bigha land. On 17.11.1995 at about 9.00 A.M., death of his daughter taken place by hanging. He received the information of the same on 18.11.1995 and when he was going Ahmed Nagar, in the way in town Gola he saw that the dead body of his daughter is being taken to mortuary. He went to Lakhimpur Kheri with dead body where post -mortem of body taken place on 19.11.1995. Dead body of his daughter was brought at Ahmed Nagar where last rites and its cremation taken place. On this report, a case under Sec. 498A and 304B IPC and 3/4 D.P. Act was registered against both the accused -persons at the police station concerned.
(3.) Police started investigation in the matter. Panchayatnama, Photo lash, challan lash, letter to C.M.O. and R.I. for the purpose of post -mortem of dead body were prepared. Dead body was sealed and sent for post -mortem to mortuary along with police papers where post -mortem of body has taken place. Doctor found ante -mortem injuries on the body and given details in the post -mortem report and as per opinion of the doctor death took place due to asphyxia as a result of ante -mortem hanging. This report was collected by the investigating officer. Site plan of place of occurrence was prepared. Statement of witnesses were recorded and after concluding the investigation, charge -sheet was submitted against both the accused for their trial for the offence under Sec. 498A and 304B IPC and 3/4 D.P. Act.;