JASBIR SINGH, J. - (1.) THIS order will dispose of Criminal Appeal No. 224-SB of 1990 and Criminal Appeal No. 227-SB of 1990. (It is apparent from the records that appellant/accused Dalbir Singh had filed Criminal Appeal No. 224-SB of 1990 alongwith other five appellants/accused, may be, due to communication gap, he had also filed Criminal Appeal No. 227-SB of 1990 individually, in this case). For the purpose of dictating judgment, facts are being taken from Criminal Appeal No. 224-SB of 1990.
(2.) APPELLANTS have filed this appeal against judgment dated 1.6.1990 and order dated 5.6.1990, vide which appellants No. 1 to 3 namely Jora Singh, Smt. Shanti Devi and Kitaba were convicted for commission of an offence under Section 304-B IPC, appellant No. 1 Jora Singh alongwith appellants No. 4 to 6 namely Satbir, Siri Ram and Dalbir respectively were also convicted for commission of offence punishable under Section 201 IPC. Following order of sentence was passed by the trial Court qua them :- "Keeping in view all the circumstances of the case, accused Jora Singh, Kitaba and Smt. Shanti are sentenced to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs. 1000/- each for the offence punishable under Section 304-B I.P.C. In default of payment of fine, the defaulting convict shall undergo further R.I. for one year. For the offence punishable under section 201 I.P.C., accused Jora Singh, Dalbir, Satbir and Siri Ram are sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 1000/- each and in default of payment of fine, the defaulting convict shall undergo further R.I. for one year. Substantive sentences of accused Jora Singh shall run consecutively. The amount of fine, if realised, shall be paid to the parents of the deceased Raj Bala after the expiry of period of preferring appeal or in case appeal is preferred then after decision of appeal." Munshi Ram, father of the deceased Smt. Raj Bala, on 22.9.1989, moved an application Ex.PA to the police officials of police station Pillu Khera and on the basis of the application, FIR No. 94 for commission of offences under Sections 304-B and 201 IPC was recorded.
(3.) IT was case of the prosecution that Raj Bala deceased, daughter of Munshi Raj, complainant, was married to appellant/accused Jora Singh son of Kitaba about four years prior to the date of moving application. Jora Singh and his parents were not happy and satisfied with the dowry given at the time of marriage and on account of that they had been maltreating and harassing Raj Bala and she was being compelled to bring TV, gold ornaments and cash. It was further case of the prosecution that about 8 months earlier, Raj Bala was beaten up by her husband/appellant/accused - Jora Singh, Kitaba, her father-in-law and Smt. Shanti, her mother-in-law and was turned out of the home and subsequent thereto, she remained with her parents, as her parents were not in a position to fulfil the dowry demands of the accused, referred to above.;