Pratyush Kumar, J. - (1.) The above criminal appeals filed on behalf of the accused -appellants, are directed against the judgment and order dated 29th September, 2010 passed by Sri R.P. Singh in S.T. No. 219 of 2007 (State vs. Moolchandra and others) whereby the appellants in Criminal Appeal No. 6753 of 2010 were convicted under Ss. 498A, 304B IPC and Sec. 3/4 Dowry Prohibition Act and sentenced to undergo one year rigorous imprisonment and to pay fine of Rs. 500/ -, seven years rigorous imprisonment and nine months rigorous imprisonment and to pay fine of Rs. 500/ - respectively, in default of payment of fine, they were further directed to undergo simple imprisonment of one month on both the counts. In other appeal the appellant Moolchandra was similarly convicted but he was awarded sentence to undergo one and half years rigorous imprisonment and to pay fine of Rs. 500, ten years' rigorous imprisonment and one year's rigorous imprisonment and to pay fine of Rs. 500/ - respectively, in default of payment of fine he was to undergo imprisonment of one month on both the counts.
(2.) Since both the appeals are directed against the same judgment and order, they are disposed of by a common order.
(3.) In these appeals the facts of the prosecution case, may be summarized as under: - Shanker Lal, the first informant vide his application dated 22nd November, 2006 moved under Sec. 516(3) Cr.P.C. has stated that his daughter Gunja @ Sandhya was married to Moolchandra one year ago, though adequate cash and dowry were given her husband, father -in -law and mother -in -law demanded motorcycle from his daughter. She was physically and mentally tortured. Whenever she came back to her maika she used to convey the demand made by the accused persons and also disclose how she was tortured. The first informant requested the accused persons that being father of eight girls, he could not afford to give motorcycle, his daughter might be spared from torture and decently treated. The last time when Moolchandra came to take her to her to sasural, his daughter refused to go by saying either he should give motorcycle or should not sent her. For this reason, his daughter was cruelly treated and on 30th September, 2006, she was beaten and put to fire. Neighbours intervened and took the daughter of the first informant to hospital, where his daughter informed him and her mother that she was not given food, she was beaten and all the three accused after sprinkling kerosene oil, put her to fire. The first informant took his daughter to Varanasi, on 7th October, 2006, her dying declaration was recorded by the magistrate, on 12th October, 2006 thereafter she had died. Though police of police station concerned was informed but FIR was not lodged.;