Vijay Lakshmi, J. - (1.) Both the above mentioned criminal appeals, which arise out of the same judgment and order dated 19.1.2011 passed by Additional Sessions Judge/F.T.C. No. 5, Gautam Budh Nagar, were connected and both are being decided by this common judgment.
(2.) Three Sessions Trials, S.T. No. 51 of 2007, State v/s. Rajpal and Hariom, S.T. No. 482 of 2007, State v/s. Smt. Dropa and Rajiv and S.T. No. 507 of 2007, State v/s. Anil, arising out of the same occurrence registered as Case Crime No. 387 of 2006, under Ss. 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Kasna, District Gautam Budh Nagar, were consolidated by the trial court at the stage of evidence. All the accused persons including the husband, father -in -law, mother -in -law and two brothers -in -law of the deceased Manju were tried together. The court below vide impugned judgment dated 19.1.2011 found mother -in -law of the deceased, Smt. Dropa Devi and Hari Om (husband of the deceased) guilty and convicted and sentenced them for ten years R.I. under Sec. 304B I.P.C. Both were awarded two years R.I. and fine of Rs. 5000/ - was imposed on each for their conviction under Sec. 498A I.P.C. For the offence under Sec. 4 of the D.P. Act both of them were sentenced to one year's R.I. and fine of Rs. 5000/ - was also imposed on each of them. All the sentences were directed to run concurrently. In default of payment of fine imposed under Sec. 498A I.P.C. both the convicts were to undergo four months' additional imprisonment and for the default in payment of fine under Sec. 4 of the D.P. Act both of them were to undergo four months' additional imprisonment. Rest of the accused namely Rajpal (father -in -law of the deceased), Rajiv and Anil (brothers -in -law of the deceased) were acquitted by the trial court vide the impugned judgment.
(3.) Being aggrieved by their conviction Smt. Dropa and Hari Om have approached this court by means of Criminal Appeal No. 368 of 2011 and the complainant being dissatisfied by the acquittal of Rajpal (father -in -law), Rajiv and Anil (brothers -in -law) has moved this court by means of Criminal Appeal U/s. 372 Cr.P.C. No. 1192 of 2011.;