- (1.) Judgment of conviction and order of sentence dated 30.01.2003 of the Court of learned Additional Sessions Judge (Ad hoc), Fast Track Court, Faridabad (here-in-after referred to as, the trial judge), convicting and sentencing each of the appellants, Somender Kumar Tyagi and Kusum Lata, to rigorous imprisonment for a term of ten years, besides payment of fine amounting to Rs. 10,000/- and in default of payment of fine to further rigorous imprisonment for a term of one year under Section 304-B of the Indian Penal Code, 1860 (45 of 1860) (here-in-after referred to as, the IPC) in Sessions Case No. 81 of 26.04.2002/06.12.2000, 'State versus Somender Kumar Tyagi and others', arising out of First Information Report (FIR, for short) No. 299 of 05.08.2000, recorded at Police Station, Faridabad, under Section 304-B, IPC, are under challenge in this appeal brought by the convicts under sub-section (2) of Section 374 of the Code of Criminal Procedure Code, 1973 (02 of 1974) (for short, CrPC).
(2.) Fact situation: Factual matrix, constituting prosecution story, as manifested in the report submitted under sub-section (2) of Section 173, CrPC, suggests that Deepti aka Meenu (here-in-after referred to as, the deceased) daughter of complainant-Vijay Kumar Singh was married to accused Sharad Tyagi on 10.02.2000 at Megpie Tourist Complex, Faridabad. Besides giving customary articles of dowry, including a Matiz car, complainant had spent an amount of rupees sixteen lacs (Rs. 16,00,000/-) approximately on the marriage. After the marriage, the deceased came to stay with her husband at House No.689, Sector 9, Faridabad, and the complainant returned to his native village Roshanpur in District Bijnour (U.P.).
(3.) After one month of the marriage, complainant and his son PW Anurag, came to the house of accused, who were residing jointly, to take the deceased along. She told them that accused were not happy with the dowry and were demanding an Opel Astra car and a sum of rupees five lacs (Rs. 5,00,000/-) as additional dowry. Complainant had a talk with the accused who insisted that an Opel Astra car and amount of Rs. 5,00,000/- (which was required for setting up a business) must be given to them. Complainant pleaded with them that his financial resources were limited and he was not in a capacity to meet their demands. They (the complainant and his son) took the deceased to her parental home. However, the accused told them that the deceased be not sent back to her matrimonial home until the demand for Opel Astra car and amount of Rs. 5,00,000/-was met, and in the alternative, they (the complainant side) should be ready for serious consequences. On reaching her native village the deceased wept and disclosed that she was insulted and given fist and kick blows by the accused and if she was sent back to her matrimonial home without meeting the demand of car and the cash, she would be done to death. Sanjay, husband of accused Varsha, came to Faridabad and chastised the accused after he saw plight of the deceased, as also cruelty meted out to her by them.;