- (1.) All the above mentioned Appeals have been filed by the appellants against the common judgment and order dated 22.2.2012 passed by the Additional District & Sessions Judge, Court No. 6, Bareilly in Sessions Trial No. 393 of 2006 State Vs. Raja Ram Sharma (since deceased) and others pertaining to crime no. 175 of 1996, under Sections 498-A, 304-B IPC and Section 3/ 4 Dowry Prohibition Act, Police Station Subhash Nagar, Bareilly. All the accused appellants namely Ashok Kumar Sharma, Sanjeev Kumar, Manoj Kumar and Smt. Vishan Devi have been convicted and sentenced for the offence under Section 3 of the Dowry Prohibition Act for five years' simple imprisonment and fine of Rs. 15,000/-; for the offence under Section 4 of Dowry Prohibition Act for one year simple imprisonment and fine of Rs. 2,000/- each; for the offence under Section 498-A IPC to undergo two years' simple imprisonment and fine of Rs. 2,000/- each and for the offence under Section 304-B IPC to undergo seven years' simple imprisonment. All the sentences have been ordered to run concurrently and in default of payment of fine further to undergo additional imprisonment. Since all the aforesaid appeals arises out of the same/common judgment and order and they have been connected and heard together, therefore, they are being decided by a common judgment.
(2.) Prosecution story in nut shell are as follows :
(3.) Satish Sharma son of Narayan Das Sharma resident of Kunwar Pur, Police Station Kila, district Bareilly submitted an application at Police Station Subhash Nagar alleging therein that marriage of his niece Shashi Sharma took place on 26.6.1989 with Ashok Kumar Sharma (the appellant). After the marriage her in laws started maltreating with her asking her to bring Rs. 10,000/-. They have shunted her out of the house. In this connection an application was addressed by Smt. Shashi to the Senior Superintendent of Police, Bareilly. Thereafter Rs. 10,000/- was given to Smt. Shashi and was sent along with Ashok Kumar Sharma. But again the accused persons asked Smt. Shashi to demand her share in her father's immoveable property and on their demand being not fulfilled she was subjected to harassment and cruelty. On 15.4.1996 when he received information of death of Smt. Shashi reached at the residence of Ashok Kumar Sharma and saw marks of injuries on her body and neck. Information in this regard was given at Police Chowki Madinath to lodge the report. Deceased was done to death due to demand of dowry. It was prayed in the application that after lodging the report legal action may be taken against the culprits.;