Pritinker Diwaker, J. - (1.) As these appeals arise out of a common judgment and order dated 16.01.2008 passed by the learned Additional District and Sessions Judge, Court No. 02, Kanpur Dehat in Sessions Trial No. 386 of 2006, (State Vs. Babloo alias Ranjit and others) convicting accused persons, namely, Babloo alias Ranjit, Shiv Prasad and Smt. Kallo under Sections 498-A and 304-B and sentencing them to undergo imprisonment for life with fine of Rs. 10,000/- each, in default thereof, one year additional simple imprisonment, they are being disposed of by this common order.
(2.) In the present case, name of the deceased is Nisha, wife of the accused Babloo alias Ranjit. Their marriage was solemnized sometime in the year 2004 and she died unnatural death on 10.05.2006 by hanging herself. Accused Shiv Prasad is the father-in-law of the deceased, whereas accused Smt. Kallo is her mother-in-law. On 10.05.2006, deceased died after hanging herself in her bedroom. The door of the room, after breaking its lach, was opened and the body was pulled down from the ceiling fan, but by the time the deceased was already dead. On 11.05.2006, based on the written report lodged by PW-1 Jaipal, F.I.R. Ex.Ka.12 was registered against the appellants under Sections 498-A and 304-B of IPC. Inquest on the dead body of the deceased was conducted, vide Ex.Ka. 2, on 11.05.2006, and the body was sent for postmortem, which was conducted on 12.05.2006, vide Ex. Ka. 14, by PW-5 Dr. Ravindra Prakash Mishra.
(3.) As per Autopsy Surgeon, the following injuries were noticed on the body of the deceased: "Ligature mark around the neck - 3 cm; 6 cm gap around the neck left side width of ligature mark 1/2 cm; 5 cm below chin and and below right ear; 3 cm below left ear -abraded contusion on chin 3 cm x 2 cm -abraded contusion 1 1/2 cm x 1 cm -contusion swelling on the face -abraded contusion multiple 3 cm x 2 cm on left lower arm -2 cm below wrist join, - abraded contusion 5 cm x 1 1/2 cm" The cause of death was 'asphyxia', as a result of hanging.;