MATHUR, J. - (1.) THE Additional Sessions Judge (Fast Track), Anupgarh, District Sriganganagar, by judgment impugned dated 2.9.2004, convicted the accused appellants for the offences punishable under Sections 304 -B and 498 -A Indian Penal Code and sentenced them as under: - u/S.304 -B IPC ­ Life imprisonment with fine of Rs.10,000/ - and in default of payment of fine to further undergo one year's rigorous imprisonment. u/S.498 -A IPC ­ Three years rigorous imprisonment with fine of Rs.1000/ - and in default of payment of fine to further undergo two months rigorous imprisonment.
(2.) AGGRIEVED by the conviction recorded and sentence awarded this appeal is preferred. As per the prosecution a written report (Ex.P/1) was submitted by Shri Balram on 5.1.2004 at Police Station Ramsinghpur with assertion that his daughter Kamlesh entered into a wedlock with Mahendra Kumar son of Sohanlal about four years earlier. The in -laws of Kamlesh started demanding money just after a year of marriage, but they did not take any action being advised by the relatives. About 20 days earlier Kamlesh came to Rawla, her parental house, and disclosed to her mother that her father -in -law, mother - in -law, husband Mahendra and younger brother -in -law Chandrabhan used to torture her for demand of money. Chandrabhan also keep bad eye on her. Complainant Balram and his wife consoled Kamlesh and advised to stay with in - laws being mother of a girl child of three years and also having pregnancy of seven months. On 29.12.2003 Kamlesh went to her in -laws house. The complainant also accompanied her and after leaving Kamlesh there returned to Rawla. On 5.1.2004 at about 10:30 AM, a telephonic message was received at the house of Balraj Singh Barad, a neighbour of the complainant, about death of Kamlesh due to rupture in a artery of head. The complainant alongwith Balraj Singh Barad, Deshraj and Sushil went to the house of the accused persons, where dead body of Kamlesh was lying on the floor. She was having a head injury, appeared us to be given by some sharp edged weapon. On asking, her in -laws accepted their error. Complainant Balram was having apprehension about killing of his daughter by father -in -law Sohanlal, mother -in -law Roshni Devi, husband Mahendra Kumar and brother -in -law Chandrabhan.
(3.) ON basis of the written report (Ex.P/1) a case was registered and investigation commenced. During the course of investigation, site plan and inquest were prepared. Blood stained soil and hairs of deceased were taken from the place of incident and the corpus of Smt. Kamlesh was subjected to an autopsy, report of that is available on record as Ex.P/22. After arrest of the accused persons a disclosure was made by accused Chandrabhan and on basis of that a 'kassi' was recovered, that was sent for its serological examination to the Forensic Science Laboratory alongwith several other articles including the shirt of accused Chandrabhan and the blood stained clothes of deceased Kamlesh. The report of the Forensic Science Laboratory is available on record as Ex.P/34.;