J.P.GUPTA, J. - (1.)The appellants have preferred this appeal being aggrieved by the impugned judgment dated 3.11.2000 passed by the Additional Sessions Judge, Beohari, District Shahdol in S.T. No.135/2000 whereby the appellants have been convicted for the offences punishable under Sections 306 and 498-A of IPC and sentenced them to undergo RI for 5 years with fine of Rs. 500/- each and RI for 3 years with fine of Rs. 200/- each, respectively, with default sentence as stipulated in the judgment.
(2.)In brief, the relevant facts of the case are that on 24.3.1999 Sitaram, father of the deceased Raniya Bai, received information about illness of the deceased. Thereafter, he along with his wife Asha Bai went to village Sapta and got information about the death of the deceased on account of consuming poison. Thereafter, during the enquiry of merg no. 12/99, Sitaram, father of the deceased informed the police of Police station Beohari, District Shahdol, alleging that the marriage of his daughter Raniya Bai (the deceased) was solemnized with the appellant no.1 prior to six years from the date of the incident. After three years of her marriage, Gauna was done and thereafter, the deceased lived at her in-laws' house. Whenever the deceased came to her parents-house, she used to make complaint that the appellants were making demand of T.V., Fan, Watch, Cycle and Rs. 10,000/- from her and also about cruel treatment by her in-laws for fulfilling the said demand. She also complained that the appellants and other co-accused persons threatened her that if the demand was not fulfilled, she would be ousted from in-laws' house. Lastly when the deceased went to her in-laws' house, she told to her parents that if the demand was not fulfilled, she would not be spared alive by the appellants and other co-accused persons. On the basis of aforesaid report, a merg no. 12/99 was registered and after merg inquiry, crime no. 98/99 was registered for the offences punishable under Sections 306, 498-A and 304-B of the IPC against the accused persons including the present appellants. After investigation was over, charge sheet was filed against the accused persons before the JMFC concerned who on its turn committed the case to the court of Sessions for trial. The learned trial court on appreciation of entire evidence and material on record acquitted the co-accused Damri and Krishnadevi of the offences under Sections 304-B, 498-A and 306 of the IPC and also acquitted the present appellants of the offence under Section 304-B of the IPC giving the benefit of doubt as the prosecution could not prove that the death of the deceased was taken place within seven years of her marriage. But the trial court found the appellants/accused guilty for the offences punishable under Sections 306 and 498-A of the IPC and by the impugned judgment, convicted and sentenced them.
(3.)Being aggrieved by the aforesaid impugned judgment of conviction and order of sentence, the appellants have filed this appeal on the ground that the finding of the learned trial court is contrary to law. On record there is no reliable and plausible evidence to establish the charges against the appellants and on similar evidence; other co-accused persons have been acquitted. Hence, prayer is made to allow the appeal and set-aside the impugned judgment of conviction and order of sentence.