Sheo Kumar Singh, J. - (1.) The instant criminal appeal has been preferred against the judgment and order dated 28.8.1995 passed by the Special Judge/Additional Sessions Judge, Barabanki in Sessions Trial No.69 of 1993, whereby the accused/appellants namely, Brijesh Prasad Mishra and Smt. Savitri Devi were found guilty under Section 498-A and 304-B I.P.C. and were sentenced to underto rigorous imprisonment for a period of one year with fine of Rs.1000/- In default of payment of fine, they had to further undergo simple imprisonment for a period of three months under Section 498-A and they were further sentenced to undergo rigorous imprisonment for seven years under Section 304 B I.P.C.
(2.) The prosecution story, as narrated in the First Information Report, reveals that the complainant Brij Bihari Pandey lodged the First Information Report on 02.10.1992 at about 15:10 with the facts that his daughter Shail Kumari was married to Harish Kumar- S/o Brijesh Prasad Mishra @ Munnoo Maharaj-Appellant No.1. and Appellant No.2 Smt. Savitri Devi is wife of appellant no.1. Just after two years of marriage on 30.09.1992 at about 11:30 in the day he was informed about the death of his daughter and he immediately rushed to the matrimonial house of his daughter at the residence of appellants. During the marriage, the complainant had given necessary items as per his tradition and as per his capacity but appellant no.1 was regularly demanding Rajdoot Motor Cycle and Color T.V. which were not given to the appellants at the time of marriage and the deceased was continuously tortured and harassed for non-fulfillment of demand and when the complainant visited to the house of appellants for taking his daughter after Vidai, his daughter was refused to accompany him and was not sent to her parental house and it was stated that she will not be sent to her parental house till the demands are not fulfilled. After sometime and after some request and promise, the daughter of the complainant was permitted to visit her parental house and when the deceased, daughter of the complainant, visited to the parental house, she informed her parents and the complainant that both the appellants/accused had been regularly asking and pressuring for bringing Rajdoot Motor Cycle and Color T.V. in dowry and for non-fulfillment of demand she was regularly and continuously subjected to cruelty and ill treatment in the in-law's house.
(3.) After receiving the information with regard to the death of his daughter, when the complainant reached at the residence of the appellants, it was heard and communicated that her body was cremated in the night. It was confirmed by the villagers. When the complainant asked the fact with the appellant no.1, no satisfactory reply was given and the complainant returned back to his house. Again he visited to the house of appellants on the next day with his brother and relatives and after inquiry in the village it was informed that she was tortured to death for non-fulfillment of demand of dowry.;