- (1.) IN this appeal appellants Sunahari Lal, Smt. Ram Beti and Atar Singh have challenged the judgment and order dated 01.10.2003 passed by Special Judge (DAA), Mainpuri in S.T. No. 200 of 1994, whereby they had been found guilty for the offence punishable under section 304 -B IPC and each had been sentenced to undergo 7 years' rigorous imprisonment.
(2.) DURING the pendency of the appeal Appellant No.1 Sunahari Lal (father -in -law of the deceased) has died, therefore, his appeal stood abated vide order dated 29.04.2014. The Senior Superintendent, Central Jail, Fatehgarh has reported that appellant No.3 Atar Singh (husband of the deceased) has been released from jail on 17.07.2008 after serving out the sentence awarded to him by the trial court. At the time of hearing on 29.04.2014, counsel for the appellants submitted before the Court that appeal of Atar Singh, appellant No.3 has become infructuous as he has served out the sentence awarded by the trial Court. The remaining appellant no.2 - Smt. Ram Beti is now confined in jail since 18.5.2013.
(3.) FACTS germane to the appeal are that on 17.07.1994 at 12:30 A.M. Mahesh Babu s/o Manohar Lal r/o Divrai, P.S. Kurawali, District Mainpuri submitted a written report in P.S. Barnahal, District Mainpuri stating that two years ago he has married his sister Sunita Devi with Atar Singh s/o Sunahari Lal r/o village Beenepur and gave dowry according to his financial capacity but her husband Atar Singh, mother -in -law Ram Beti and father -in -law Sunahari Lal used to beat his sister to press their demand for a double bed, cycle and Deck otherwise they would not keep her. Sunita Devi told her plight to complainant, his father and wife Mithlesh. He assured the accused to give articles slowly -slowly but he could not keep the promise. He has complained about these events to Ranvir Singh (mediator in the marriage), resident of Hajipur. Before Deepawali his sister came to their house and she again narrated the maltreatment of the accused persons, then his father did not perform Vidai, whereupon Atar Singh came along with several persons and assured them not to harass his sister and requested for Vidai. It is further stated that the marriage of the sister of Atar Singh was scheduled on 14.06.1994, it was attended by him and at that time also the aforesaid articles were demanded by accused persons and they asked him to take her back but some how he pacified the accused and said that he would send the goods in about 15 -days. It was further stated in the report dated 07.07.1994 that today Ranvir Singh aforesaid told him that his sister has been done to death after beating and throttling by the accused persons and her dead body is lying in the room. On this information the complainant along with his Phupha Sukhram reached the house of the accused persons and found the dead body of Sunita Devi lying in the room. There were injury marks on her neck, temporal region and chest. The accused persons were not found there. On the basis of his report, case at crime no. 39/1994, under section 304 -B IPC was registered against Sunahari Lal, Ram Beti, Attar Singh and Anar Singh (son -in -law of Sunahari Lal), investigation whereof was entrusted to C.O. -Ajay Singh. The inquest upon the cadaver of the deceased was performed on 07.07.1994 by S.D.M. Karhal, Sri Prem Shankar Gupta. The sealed dead body of the deceased was sent for post mortem examination along with usual papers, which was conducted by Dr. Bal Mukund Prabhakar who found that 20 -years old deceased Sunita was average built, rigor mortis had passed off. He found the following ante -mortem injuries on her person: 1.Contusion over right upper face 5 cm x 4 cm. 2.Contusion over lower chin 2 cm x 1 cm. 3.Contusion on upper mid line chest 3 cm x 2 cm. Ligature mark in front of neck 24 x 2 cm. 4. Tongue........ (sic). In the opinion of the doctor the deceased suffered death due to asphyxia on account of strangulation as a result of ante -mortem injuries about two days before. Investigation conducted by C.O. Ajay Singh ended in charged -sheet against the appellants. After committal of the case to the Court of Session charge for the offence punishable under section 304 -B IPC was framed against all the accused persons -appellants who abjured their guilt and claimed trial.;