Ram Surat Ram (Maurya), J. - (1.) Heard Sri Ashutosh, for the appellants and A.G.A, for State of U.P.
(2.) This appeal has been filed from the conviction and sentence passed by Additional Sessions Judge, Court No. 1, Azamgarh, dated 29.08.2012, in S.T. No. 243 of 2002, State of U.P. v. Prabhawat Devi and others (arising out of Case Crime No. 1009 of 2001 , under Section 498-A, 304-B IPC, P.S. Kotwali, district Azamgarh), sentencing the appellants for ten years rigorous imprisonment under Section 304-B IPC and two years rigorous imprisonment with fine of Rs. 2000/- each under Section 498-A IPC.
(3.) On the complaint dated 31.10.2001 of Raj Kumar Sharma son of Jagdev Sharma, resident of Nooruddinpur, P.S. Jiyanpur, district Azamgarh (PW-1) (brother of the deceased), Constable 266 Baliram Singh (PW-9) registered FIR of Case Crime No. 1009 of 2001, under Section 498-A, 304-B IPC, on 01.11.2001 at 13.10 hours, at police station Kotwali, district Azamgarh, against Pramod Vishwakarma (husband), Vijay (Jeth), Ajay (dewar), Prabhawati Devi (mother-in-law) and Mangla (Jethani) of Usha Devi, the deceased. It has been stated in the FIR that his sister Usha Devi was married to Pramod Vishwakarma son of Bhagwan Das, resident of Bageshwar Nagar, P.S. Kotwali, district Azamgarh, on 12.03.2000, according to Hindu rites. After marriage, at the time of bidai, Pramod Vishwakarma and his brothers Vijay and Ajay demanded one Hero Honda motorcycle and Rs. 10000/- cash as dowry. Due to poverty, the first informant expressed his inability to give aforesaid dowry, then they became annoyed and left for their house without bidai of his sister. Later on, he and his relations requested them, then bidai of his sister took place but they asked to arrange aforesaid dowry forthwith. Due to poor financial condition, the first informant could not arrange aforementioned dowry. For which, husband Pramod Vishwakarma, mother-in-law Prabhawati Devi, Jeth Vijay, dewar Ajay and Jethani Mangla of Usha Devi began to create pressure upon her in many ways and used to taunt and beat her on every things. They used to abuse, beat and torture her. After finding no way, his sister informed him through a letter. Then he went to matrimonial house of his sister along with the letter, one month prior to the incident, where his sister told him that he had accepted to give Hero Honda motorcycle and Rs. 10000/- cash but had not fulfilled their demand till today. For which her husband, mother-in-law, Jeth, Jethani and dewar, throughout used to torture and threaten to kill her. The first informant tried to talk with Pramod, showing the letter of his sister, then he torn the letter and told that after assuring to give dowry now he was making them fool. If he did not give aforesaid dowry within one month, then he would not leave his sister alive. In the night of 25.10.2001, the husband, mother-in-law, Jeth, Jethani and dewar of his sister killed her by strangulation. After getting information of the death of his sister, he went to her matrimonial house, then he found his sister dead and her post-mortem was being conducted at Government Hospital Azamgarh.;