- (1.) Both these appeals arise out from the same judgement and order dated 19.05.1995 and they are being taken up together.
(2.) Both these appeals have been filed challenging the judgement and order dated 19.05.1995 passed by the 5th Additional Sessions Judge, Sitapur in Sessions Trial No.145 of 1992 whereby the appellants have been convicted for the offence punishable under section 498-A IPC and 304-B IPC.
(3.) The brief facts of the case are that the marriage of complainant's daughter namely Smt. Jai Shree was solemnized with the appellant Rakesh on 12.05.1986 in which Rs.9000/- along with articles was given to the appellants but the families were not satisfied by that amount and they used to torture the deceased and also caused 'maar-peet' with her and compelled to bring more money and for happiness of her daughter, the complainant continued to give money. On 15.04.1990, the appellants compelled the deceased to bring Rs.1000/- more but the complainant could manage Rs.800/-. On 28.04.1990 at about 4.00 pm Dinesh, who was resident of her village informed him that her daughter has committed suicide upon which she along with her husband and daughter Rekha went to the house of the appellants and when the door was opened, she saw that her daughter was hanging and she was having a paper (suicide note) in which it was written that now she cannot bear for any more. That paper was taken into possession by the investigating officer and the dead body was sent for post-mortem examination. Since the complainant was sad, therefore, she could not lodge the first information report in time. She believes that she has been killed for dowry. The application was given on 08.05.1990 to the Superintendent of Police and by his order dated 12.06.1990, the first information report was lodged at Case Crime No.136 of 1990 under sections 498-A, 304-B IPC.;