- (1.) SINCE the appellants have been convicted by the same judgment and conviction, both the appeals are being heard and decided by a common judgment.
(2.) SINCE Smt. Shyam Kali, appellant no.2 of Criminal Appeal No.639 of 1997 had died, therefore, the appeal on her behalf abates.
(3.) THE appellants through this appeal have challenged the judgment and conviction dated 27.10.1997 passed by the VIth Additional District Sessions Judge, Barabanki passed in Sessions Trial No.242 of 1994, whereby all the appellants have been convicted under Section 498 -A IPC and sentenced them to undergo RI for a period of two years with a fine of Rs.3,000/ - each and in default of payment of fine to further undergo RI for three months; under Section 4 of the Dowry Prohibition Act for a period of six months RI with a fine of Rs.2000/ - each and in default of payment of fine to further undergo RI for a period of two months and under Section 304 -B IPC read with Section 34 IPC for a period of seven years RI for Shyam Kali and Usha Devi and for appellants Brijendra Nath alias Misli and Kamlesh Kumar alias Om Prakash for a period of ten years RI. The prosecution case, as disclosed in the FIR, is that Ram Sagar Verma resident of Village Naobasta Kala, Police Station Chinhat, District Lucknow married his daughter Suman with Brijendra Nath alias Misli resident of Village Baburiha, Hamlet of Haraee, Police Station Dewa, District Barabanki two years ago from the date of incident and he had given Rs.30,000/ - in cash, one Mohar (gold coin) etc. in dowry. The family members of his daughter's in -laws were not satisfied with the dowry and they were demanding one Scooter and one Mohar (gold coin) more. On 3.3.1994 Ram Sagar sent his daughter to her in -laws' house with Kamlesh, elder brother of appellant -Brijendra Nath, whereupon the members of his daughter's in -laws were misbehaving with his daughter and they used to beat her for want of Scooter and Mohar (gold coin). Apart from it, whenever Ram Sagar went to in -laws' house to see his daughter, he was not allowed to see her. On 24.5.1994 at about 5'O Clock Lalji Verma S/o Barati Lal, resident of Ibrahimpu Kala, Police Station Dewa, came to the residence of Ram Sagar and informed that members of his daughter's in -laws had killed his daughter by administering poison. On this information, Ram Sagar and others went to Village Baburiha where Umesh Chandra Verma and Abhilakh Singh resident of Village Baburiha met and told him that Brijendra Nath alias Misil, Kamlesh Kumar alias Om Prakash alias Babu sons of Rajendra Nath, wife of Sharad Chandra and wife of Rajendra Nath had murdered Suman Verma for dowry.;