- (1.) This appeal has been filed by the Appellants against the judgment and order dated 26.2.1988 passed by Addl. Sessions Judge No. 1, Alwar in Sessions Case No. 37/1986, whereby the accused appellants have been acquitted for the offence under Sec. 306 IPC, but convicted u/Sec. 498A IPC and sentenced them to undergo 2 years' RI with fine of Rs. 200/-; in default of payment of fine to further undergo 1 month's R.I. Brief facts of the case are as under:-- "On 6.3.1986, PW. 1 Wazir Chand lodged a written report at Police Station Ramgarh (Alwar) alleging therein that he had married his daughter Smt. Banto to Pappu @ Jawar Lal S/o Wazir Chand Rajput of village Aldhana some 9-10 months ago. After the marriage, the in-laws of his daughter were harassing her for dowry and giving beating. On 6.3.1986 at about 2.00 AM Ram Chandra along with some other persons of village Sahajpur came to him and informed that the dead body of his daughter was lying in the well, which was brought out and took away by Vajeer Chand and Pappu Ram @ Jawahar Lal at the home."
(2.) On the basis of said report, FIR was registered for the offence under Section 498A and 306 IPC and investigation was commenced. After investigation, the police filed a charge sheet against the accused appellants before the concerned Magistrate for the aforesaid offences. The Magistrate concerned committed the case to the Court of Sessions. The Sessions Judge transferred the case to Addl. Sessions Judge No. 1, Alwar for trial. The trial court framed charges against the accused appellants, who denied from the same and claimed trial. The prosecution produced witnesses and exhibited some documents. Thereafter the statements of accused persons were recorded under Section 313 Cr.P.C. After hearing both the sides, the learned trial Court vide his judgment dated 26.2.1988 convicted and sentenced the accused persons, as indicated above.
(3.) Against the aforesaid judgment, this appeal was preferred.;