- (1.) The instant appeal, filed on behalf of the accused/appellants, is directed against the judgment and orders dated 12th/13th September, 2011 passed by Sri Guru Sharan Srivastava, Additional Sessions/Special Judge (Dacoity affected area), Lalitpur, whereby the accused appellants have been convicted under sections 498A, 304B IPC and section 4 Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for three years with fine of Rs. 2,000 each, rigorous imprisonment for 10 years, rigorous imprisonment of six months with fine of Rs. 2,000/-. In default of payment of fine they have been further directed to undergo imprisonment of six months and three months, respectively. All the sentences were directed to run concurrently.
(2.) Heard Sri A.K. Pandey, Advocate holding brief of Sri Rahul Dubey, learned counsel appearing for the appellants, Sri Abdul Mazid, learned AGA for the State and perused the record.
(3.) Learned counsel for the appellants in support of the appeal has submitted that the impugned judgment and orders are against the weight of material and bad in law. Learned counsel for the appellants has submitted that during four years of marriage no demand of dowry was made. There is no evidence of cruelty or harassment. There are material contradictions between the evidence of Santosh P.W.1 and Smt. Gyan Wati P.W.2. The learned trial Judge has ignored that during the inquest proceedings the parents of the deceased were present and they made no complaint. It was the appellant who informed the police about death of the deceased. Family members of the deceased were also informed by the appellant no.1. The deceased committed suicide for other reasons and on false and concocted facts bogus FIR has been lodged. The learned trial Judge has appreciated the evidence without taking into consideration the pleas raised by the defence and recorded erroneous finding of fact.;