- (1.) THE appellants herein were put to trial under Section 304 -B read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC') on the allegations that they treated the victim with cruelty on account of demand of dowry, to such an extent that she committed suicide on 20.03.1998 by hanging.
(2.) COURT of learned Additional Sessions Judge, Jhajjar, after hearing the parties, on finding a prima facie case having been made out under Section 304 -B read with Section 34 of the IPC, charged the petitioners under those sections and after recording evidence of the prosecution and the defence, came to a conclusion that the prosecution was able to establish its case punishable under Section 304 -B read with Section 34 of the IPC and accordingly, vide order dated 25.01.2000, sentenced appellant No.2 -Ram Dhari to imprisonment for a period of ten years and appellant No.1 -Smt. Sunder to imprisonment of seven years for the offence under Section 304 -B of the IPC.
(3.) AGGRIEVED by the aforesaid judgment of conviction and order of sentence, the appellants have brought the instant appeal. During the course of hearing, learned counsel for the appellants has stated that the appellants do not challenge the judgment of conviction but only pray that the conviction may be converted to Section 306 of the IPC and leniency be shown as regards the quantum of sentence. On hearing learned counsel for the parties and on appraisal of record, it comes out that specific case of the prosecution before the trial Court was that the victim committed suicide on account of atrocities metted out to her by the appellants. That being so, the appellants could not be convicted under Section 304 -B read with 34 of the IPC rather the conviction ought to have been under Sections 306 of the IPC. Accordingly, the impugned judgment dated 24.01.2000 is modified to the extent that the appellants stand convicted under Section 306 of the IPC.;