ANIL KUMAR SRIVASTAVA, J. - (1.) Heard Shri Sushil Kumar Singh, learned counsel for the appellants, learned AGA and perused the record.
(2.) This appeal has been filed against the impugned judgment and order dated 15.10.1997 passed by the learned Sessions Judge, Sitapur in Sessions Trial No.569 of 1994, State Vs. Kamlesh Singh and others arising out of case crime no. 30 of 1993 under sections 498A and 304B I.P.C and section 3 / 4 Dowry Prohibition Act, Police Station Pisawan, District Sitapur, whereby the accused appellants Kamlesh Singh, Vishwaraj Singh and Munshi Singh have been convicted and sentenced under section 304B IPC for ten years' rigorous imprisonment each, under section 498A IPC for two years' rigorous imprisonment each and under section 4 , Dowry Prohibition Act for two years' rigorous imprisonment each. It was ordered that all the sentences shall run concurrently.
(3.) A First Information Report (in short 'FIR') was lodged by the complainant Chander Singh on 28.2.1993 at about 1.30 p.m. stating that his sister Janaka Devi was married to Kamlesh Singh about four years from the date of incident. Complainant has given the articles in the marriage. Just after the marriage, his sister Janka Devi was tortured by the accused-appellants for bringing she-buffalo and Vicky from her parental house. Kamlesh Singh used to beat her. Whenever Janka Devi used to come to her parental house, she tells it to the complainant. Complainant also went to the house of the accused and have discussion with accused. The accused made demand of the articles from the complainant, but he has shown his inability to fulfill the demand. Then the accused Kamlesh Singh, his brothers Vishwaraj Singh and Munshi Singh threatened to kill his sister. On 27.2.1993, when Shiv Raj Singh, brother of the complainant went for Mela Parikrama, accused Vishwaraj Singh met him and told that if he will not give the she-buffalo and Vicky, then he has to face the dire consequences. Shiv Raj Singh went to the house of another sister and stayed there in the night. In the morning, he reached the house of the accused to meet his sister Janka Devi where he found that the accused were making preparation to take the dead body of Janka Devi for cremation. When Shiv Raj Singh asked Kamlesh Singh as to what happened to Janka Devi, Kamlesh Singh got angry and did not tell anything. Then Shiv Raj Singh sent one Raghuveer Singh to the complainant. The complainant came to the house of his sister Janka Devi. Thereafter he lodged the FIR, which was registered at case crime no. 30 of 1993 under sections 498A and 304B IPC and section 3/4 D.P.Act, P.S. Pisawan, District Sitapur.;