Rang Nath Pandey, J. - (1.) Since both the afore-captioned criminal appeals have been filed by the appellants challenging the judgment and order dated 06.12.2016 arising out of same case crime number, hence they are being decided by this common judgment.
(2.) The instant appeal has been preferred against the Judgment and Order dated 6.12.2016 passed by the Additional Sessions Judge, Court No.3, Sultanpur in Session Trial No.380 of 2000 arising out of crime No.272 of 2000 under Sections 498A/304B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, Police Station Banda, District Sultanpur whereby learned Additional Sessions Judge convicted the appellants under Section 306 of the Indian Penal Code while acquitting them of the offences under Sections 498-A/304-B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and sentenced them to undergo five years' imprisonment and fine of Rs.2000/- under the said section and in default of payment of fine, to undergo six months' additional imprisonment.
(3.) In brief, the prosecution case is that marriage of daughter of the complainant, namely, Rekha was solemnized 4 years ago with Bhagauti Prasad son of Arvind by Hindu rituals. It was settled to give Rs.25,000/- cash and Rajdoot motorcycle in marriage as dowry. He had given Rs.25,000/- cash in the marriage but could not give Rajdoot motorcycle. Promise was made to give Rajdoot motorcycle in Gauna. During settlement of marriage, maternal grandparents namely Ninha wife of Parasnath Tiwari and Parasnath Tiwari son of Ramraj used to reside at Village Marchhe with their son and were also involved in demanding dowry besides mother-in-law Sharda Devi and father-in-law Arvind. Due to not giving motorcycle, aforesaid four persons were annoyed with the complainant. After serious persuasion and making commitment to give motorcycle in Gauna, in the third year of marriage they got done the Vidai and Gauna of Rekha- the daughter of complainant. The complainant could not give motorcycle in Gauna. Whenever the complainant used to visit the house of his daughter to meet her then all aforesaid persons used to continuously demand motorcycle. When the complainant got done vidai of his daughter and taken her to his home then the daughter of the complainant told that mother-in-law Sharda Devi, father-in-law Arvind, maternal grandmother Ninha and maternal grandfather Parasnath used to torture her continuously due to non-giving of motorcycle. The daughter of complainant told this also that if motorcycle would not be given then they will kill her. After being persuaded intensively about 3 months ago the father-in-law Arvind got done the vidai of his daughter and in the night of 14/15.5.2000, mother-in-law Sharda Devi, father-in-law Arvind Upadhyay, maternal grandfather Parasnath and maternal grandmother Ninhe killed Rekha due to not getting motorcycle.;