- (1.) The instant appeal, filed on behalf of accused-appellants is directed against the judgment and orders dated 28.1.2012 passed by Jai Prakash Pandey, Additional Sessions Judge, Court No.3, Gorakhpur in S.T. No.32 of 2010 (State Vs. Lal Sahab and others) arising out of Case Crime No.449 of 2009, whereby the appellants were convicted under Sections 498A, 304B, 201, IPC and Section 4 of Dowry Prohibition Act. and punished with two years' rigorous imprisonment with fine of Rs.1,000/-, rigorous imprisonment of ten years', rigorous imprisonment of one year with fine of Rs.1,000/- and simple imprisonment of three years' with fine of Rs.1,000/- respectively and in default of payment of fine they were directed to undergo imprisonment of one year. All the sentences were directed to run concurrently. They were acquitted under Section 302/34, IPC
(2.) Heard Shri Surya Narayan, Advocate holding brief of Shri Ashok Kumar Yadav, learned counsel for the appellants, Shri Raj Bahadur, learned AGA for the State-Respondent and perused the paper book.
(3.) Learned counsel for the appellants very briefly has submitted that the impugned judgment is not based upon proper appreciation of evidence. Prosecution could not prove any charge against the present appellants. While elaborating these arguments learned counsel has submitted that in the present case in the statements of prosecution witnesses there are many contradictions on material points, which make the credibility of their evidence doubtful. According to him, deceased had died due to snake bite. On the preponderance of probability this fact stands established. According to him, the prosecution has failed to prove demand of dowry in connection with marriage and pursuant thereto harassment and torture of the deceased that too soon before her death.;