G.K.VYAS, J. - (1.) In both these criminal appeals filed under Section 374 (2) Cr.P.C. the appellants are challenging the validity of judgment dated 05.12.2008 passed by Addl. Sessions Judge (FT) No.1, Udaipur (for brevity, hereinafter referred to as 'Trial Court') in Session Case No.29/2008 (State Vs. Lahar Singh & Anr.), by which the trial court convicted the appellant, Lahar Singh for the offences under Sections 498A and 302 of IPC, and so also convicted the accused appellant, Smt. Sohani Kunwar for committing offence under Section 498-A of IPC and passed following sentence, which reads as under: Appellant Lahar Singh: 498A of IPC: Three years' Simple Imprisonment and a fine of Rs.5000/-. In default of payment of fine, to further undergo three months' simple imprisonment. 302 of IPC: Life Imprisonment and a fine of Rs.25000/-. In default of payment of fine, to further undergo six months' simple imprisonment. Appellant Smt. Sohani Kunwar: 498A of IPC: Three years' Simple Imprisonment and a fine of Rs.5000/-. In default of payment of fine, to further undergo three months' simple imprisonment.
(2.) As per brief facts of the case upon written complaint dated 09.11.2007 (Ex.P/4) filed by complainant, Pratap Singh (PW.1), the S.H.O., Police Station- Gogunda, District Udaipur, registered an FIR No.208/2007 (Ex.P/12) on 09.11.2007 against the appellants for the offence under Sections 498A and 306 of IPC.
(3.) Before registration of above FIR, proceeding under Section 176 Cr.P.C. was commenced upon first report dated 09.11.2007 (Ex.P/1) submitted at 11.45 AM by the witness PW.1, Pratap Singh, father of the deceased, Smt. Sita Kunwar. The S.H.O. (PW.8 Ratan Lal) went on the spot and prepared site plan (Ex.P/2) on 09.11.2007 itself, and the "Panchayatnama" of the dead body was also prepared at 01.30 PM on 09.11.2007 in the proceedings under Section 176 Cr.P.C.;