Rekha Dikshit, J. - (1.) This appeal assails the correctness of the judgment and order dated 10.02.2014 passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Hardoi in Sessions Trial No.769 of 2010, arising out of Case Crime No.320 of 2010, under Sections 498A, 304B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Tadiyawan District Hardoi, whereby the trial court has convicted the appellants-accused namely, Ram Pratap and Deshraj and sentenced them under Section 498A I.P.C. for three years rigorous imprisonment with fine of Rs.5,000/-, in default, they shall undergo six months additional rigorous imprisonment, under Section 304B IPC for ten years' rigorous imprisonment and under Section 4 of Dowry Prohibition Act for one year's rigorous imprisonment with fine of Rs.5,000/-, in default, they shall undergo three months additional rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) Narrated concisely, prosecution case against the appellants is that the complainant solemnized the marriage of his sister Ranjana with appellant no.1 Ram Pratap on 07.05.2009 as per his own capacity and status, but in-laws of his sister were not satisfied with the alleged dowry. When her sister went to her in-laws house, her husband Ram Pratap, father-in-law Deshraj, uncle-in-law Baliram and Siyaram demanded a motorcycle and gold chain, which could not be fulfilled at the time of marriage. His sister apprised about this when she came to her parents' house. Her in-laws started torturing her physically and mentally for the alleged dowry. On 08.03.2010, she went to her in-laws' house with her husband and on 17.03.2010, appellant no.2 informed the complainant about the illness of his sister. When he inquired, he came to know that her sister has died then he rushed to her house and found that the dead body of the deceased was laying which had several injuries. He informed the police but no action was taken. Then the complainant moved an application under Section 156(3) Cr.P.C. in the court on which a case under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act was registered against the accused/appellants.
(3.) The dead body of the deceased was sent for postmortem where she was examined by Dr. Surjeet Singh (PW-4), exhibit Ka-8 is the postmortem report, in which antemortem injuries are as follows: "(i) A ligature mark of size 26cms x 2cms situated obliquely high up around the neck leaving a gap of 6cms on the left side of neck just below and behind left ear. (ii) Mark is grooved, hard and leetheory. (iii) On dissection subcutaneous tissue found dry, white and glistening with congested margin.";