V .N.SINGH,J. - (1.) These appeals have been filed by the appellants against the judgment and order dated 5.2.2002 passed by Sri S. Lal, the then IVth Addl. Sessions Judge, Court No. 5, Varanasi in S.T. No. 59 of 2001 (under sections 498 -A, 304 -B IPC and section 4 of Dowry Prohibition Act, Po ­lice Station Baragaon, Varanasi) by which, he convicted appellant Smt. Amarawati Devi under section 304 -B I.P.C. and sen ­tenced her to life imprisonment, convicted appellant Anil Kumar Seth under section 304 -B IPC and sentenced him to undergo 10 years R.I. convicted appellants Ram Dhani, Ishwar Chandra, Vinay Kumar, Vi -nod Kumar and Sunil Kumar Seth under section 304 -B I PC and sentenced them to undergo 7 years R.I. and fined each of the appellants to Rs. 5,000/ - and convicted the appellants under section 4 of Dowry Pro ­hibition Act and sentenced them to undergo one year R.I. and also fined each of the appellants to Rs. 3,000/ - It was held by the learned Addl. Sessions Judge that as the appellants were convicted and sentenced under section 304 -B IPC, hence they are not convicted under section 498 -A I.P.C.
(2.) AS three criminal appeals filed against the same judgment by the appel ­lants, have been consolidated, hence they are disposed of together by a common judgment. The prosecution case in brief is that, on 12.5.2000 Mahendra Kumar Seth lodged an F.I.R. at 10.15 a.m. at P.S. Baragaon district Varanasi that he married his daughter Pratima with appellant Anil Kumar S/o Ramdhani on 28.6.1998 in a Shiv temple. The appellants were demand ­ing in dowry, coloured T.V., fridge, motor cycle etc. Appellant Smt. Amarawati Devi mother -in -law, Sri Ram Dhani father -in -law and brother in laws, Sunil Kumar Seth, Ish ­war Chandra, Vinod Kumar, Vinay Kumar and Dhirendra Kumar were harassing Pratima in connection with minor family disputes. Pratima used to inform his father Mahendra Kumar Seth that in case the de ­mand of the appellants was not fulfilled they would kill her. Due to poverty complainant could not fulfill the demand, his daughter Pratima was killed by the appellants on 11.5.2000.
(3.) OH 11.5.2000 complainant was in ­formed about the death of her daughter by father in law of the deceased on telephone at 11.00p.m.;