- (1.) Both the aforementioned connected appeals have been filed against the common judgment and order dated 19.7.2013 passed by Additional Sessions Judge, Court No.l4, District Aligarh in Sessions Trial No.235 of 2009 (State Vs. Satya Dev and another), Sessions Trial No.823 of 2011 (State Vs. Ram Prakash and another) and Sessions Trial No.151 of 2005 (State Vs. Pramod and others) pertaining to case crime no.192 of 2001, Police Station Banna Devi, District Aligarh whereby the trial Court convicted and sentenced the accused-appellants for the offence under sections 498-A, 323/34, 313 IPC and 3/4 Dowry Prohibition Act to undergo two years rigorous imprisonment and a fine of Rs.1000/- to each of the accused-appellant for the offence under section 498-A IPC, to undergo six months rigorous imprisonment for the offence under section 323/34 IPC to each of the accused-appellant, to undergo five years rigorous imprisonment and a fine of Rs.5000/- to each of the accused-appellant for the offence under section 313 IPC and to undergo five years rigorous imprisonment and a fine of Rs.15000/- to each of the accused-appellant for the offence under sections 3/4 Dowry Prohibition Act. Trial Court has also ordered additional imprisonment in default of payment of fine imposed upon the accused-appellants.
(2.) Since both the aforesaid connected criminal appeals have been heard together, therefore, the Court proceeds to decide the same by a common judgment.
(3.) Prosecution story as unfoled in the written report is as follows : Informant P.W.1 Chandra Pal Singh gave a written report at police station concerned mentioning therein that the marriage of his daughter P.W.2 Km. Seema (daughter of the informant), was solemnized with appellant Pramod Kumar on 9.5.1997. Informant had given sufficient dowry according to his capacity, but the appellants, just after the marriage, started harassing his daughter on account of demand of dowry. They also kept his daughter (victim) hungry for about four days during her pregnancy period and caused cruelty to bring Rs.1 lac. A girl was born out after major operation and after discharge from the hospital, the victim reached at her in-laws' house. All the accused-appellants beaten her black and blue and expelled her from the house. Chachiya Sasur of the victim was also involved in the matter. On 8th October, 1998, accused-appellants called the daughter of the informant i.e. victim in a family ceremony. On that occasion, the informant giving Rs.20,000/- to his son-in-law (appellant Pramod) sent his daughter to her in-laws' house, but on 21.1.2001 again accused-appellants beat her. On 27.1.2001, she was again expelled from her in-laws' house. Victim was pregnant at that time. Miscarriage occured due to the act of the accused-appellants, but no one had taken care of the victim.;