Sandeep Mehta, J. - (1.) With the consent of the parties, the appeal is being heard finally.
(2.) The instant appeal has been filed by the appellants challenging the judgment dated 17.12.2008 passed by the Sessions Judge, Dungarpur in Sessions Case No. 84/2008, whereby the learned Sessions Judge proceeded to convict the appellant Shanker Lal and co-accused Nathu for the offences under Sections 498A and 304-B, Indian Penal Code Both the accused were sentenced to three years rigorous imprisonment for the offence under Section 498-A, Indian Penal Code and a fine of Rs. 500/- and in default of payment of fine a further direction to suffer fifteen days simple imprisonment was made; and for the offence under Section'304-B, Indian Penal Code, each of the accused were sentenced to ten years rigorous imprisonment and a fine of Rs. 1000/- and it default of payment of fine a further direction to suffer one month's simple imprisonment was made. During the course of pendency of the appeal, appellant Nathu expired and, therefore, his appeal has abated.
(3.) Succinctly stated, the facts of the case are that the complainant Kanti Lal lodged a written report with the Station House Officer, Police Station, Kotawli, Dungarpur on 22.6.2008 alleging inter alia that his daughter Anita was married to the accused-appellant Shanker Lal on 21.4.2008. It was stated in the F.I.R. that after marriage, his daughter Anita had come to his house on three occasions and on the last occasion, i.e. on 15.6.2008, her mother-in-law and brother-in-law had taken her back to the marital home. It was further mentioned in the F.I.R. that whenever Anita used to come to his house, she used to cry and complained that her husband Shanker Lal, father-in-law Nathu and mother-in law used to harass her and treated her with cruelty on account of demand of dowry. She also complained to her father that her silver ornament was forcibly taken away by the accused and was mortgaged. She further told him that the accused were continuously harassing her for bringing money and other dowry articles despite the fact that the complainant had given dowry to best of his capacity at the time of the marriage. He further stated that the deceased was sent back with her mother-in-law and brother-in-law despite her protest. He stated that his daughter was done to death by the accused on 21.6.2008. On the basis of this report, and F.I.R. No. 178/2008 was registered for the offences under Sections 498-A and 304-B read with Section 34 Indian Penal Code and investigation commenced. During the course of investigation, the necessary formalities of investigation, i.e. preparation of the site inspection memo, inquest proceedings, seizure of the rope by which the deceased allegedly hanged herself etc., were conducted. On the postmortem of the deceased being conducted by the Medical Board, the following external symptoms and injuries were found to exit on her body. "Face congested, both hands and nails cyanosed, leg ⅓rd front also cyanosed; tongue bitten in between teeth and blackish in colour, distended. Blisters present on the gluteal region. Foul smell with undigested food was coming out from both the nostrils. Pus-like discharge was coming out from the vulva and faceal discharge was coming from the antis. The following injuries were found on the body of the deceased. (1) Ligature mark around neck ⅓ transversely and continuously 30 x'h cm. (2) Ligature mark ⅓rd on neck obliquely (this ligature nark has been found to be postmortem). (3) Contusion violet in colour on left breast laterally 3 x 1/z cm. (4) Contusion violet in colour on right breast laterally transversely placed 4x1'hcm. (5) Prick injury left side vulva and clotted blood with swelling of vulva. Ligature mark was situated on ⅓rd portion of the neck below the thyroid cartilage continuous transverse measuring 30 x 2 '/z cm. It was deep blackish in colour with hard base. There were marks of abrasions on the margin of ligature-marks and both the cornua of the hyoid bone were found broken. On the dissection of ligature mark being done, the soft tissue muscles were found fractured. Anterior valve of esophagus was also lacerated and through the laceration, undigested food was coming from the stomach to the trachea. The vessels were severely contused.;