MOHAMMAD RAFIQ,J. - (1.) These two appeals have been filed by accused appellants Bijendar Singh, Smt. Rama Devi, Hari Singh and Sonu, challenging the judgment dated 21.08.2010 whereby the District and Sessions Judge, Dholpur(for short 'the trial court') (i) convicted the accused-appellants Bijendar Singh and Smt. Rama Devi, for offence under Section 498A I.P.C. and sentenced each of them to three years' rigorous imprisonment with fine of Rs. 1,000/-, in default whereof, they were to further undergo three months' imprisonment; (ii) convicted them under Section 304B I.P.C. and sentenced to them life imprisonment and fine of Rs. 2,000/-, in default whereof, to further undergo six months' imprisonment; (iii) convicted them under Section 120B I.P.C. and sentenced them to undergo life imprisonment and fine of Rs. 2,000/-, in default whereof, to further undergo six months' imprisonment and (iv) convicted them under Section 201 I.P.C. and sentenced them to undergo three years' rigorous imprisonment with fine of Rs. 500/-, in default whereof to further undergo one month's imprisonment. Trial court by the said judgment has also (i) convicted accused-appellant Hari Singh under Section 498-A and sentenced him to three years' rigorous imprisonment with fine of Rs. 1,000/-, in default whereof, he was to further undergo three months' imprisonment; (ii) convicted under Section 304B I.P.C. and sentenced him to undergo life imprisonment and fine of Rs. 2,000/-, in default whereof to further undergo six months' additional imprisonment; (iii) convicted under Section 120B I.P.C. and sentenced him to undergo life imprisonment and fine of Rs. 2,000/-, in default whereof, to further undergo six months' additional imprisonment. Trial court has convicted the accused appellant Sonu under Section 201 I.P.C. and sentenced him to undergo three years' rigorous imprisonment with fine of Rs. 500/-, in default whereof, he was to further undergo one month's imprisonment. All the sentences were ordered to run concurrently.
(2.) Facts of the case are that a written report(Exhibit P-1) was submitted by Vijay Singh(P.W.1) to S.H.O., Police Station Kanchanpur, Tehsil Badi, District Dholpur alleging therein that his daughter Margshree was married to accused Hari Singh S/o. Bijendar Singh resident of Village Gadi Sukha Police Station Kanchanpur as per Hindu customs and rites. He spent a sum of Rs. 3,50,000/- on marriage. Accused Hari Singh was not happy with this marriage, especially after he was appointed with SAF, Madhya Pradesh and since then, he used to frequently beat his daughter. His complaint was that he spent a sum of Rs. 1,00,000/- in securing aforesaid appointment and he used to pressurise his daughter on demand of dowry of motor cycle and a sum of Rs. 50,000/-. The informant earlier also lodged complaint against accused Hari Singh on 13.06.2005 (Exhibit P-5) on allegation of subjecting his daughter to cruelty. Superintendent of Police, Dholpur at that time got the matter compromised between the parties on the assurance of Hari Singh that he would keep informant's daughter happy. On that assurance, the informant sent his daughter with him. But thereafter, Hari Singh again continued to harass the deceased. Informant's daughter made a telephonic call on his cell phone no. 9758722840 at 4.00 P.M. on 21.10.2008 that her husband Hari Singh, father-in-law Bijendar Singh and mother-in-law Smt. Rama Devi were beating her and the informant should come and take her with him. At that time, the informant could not immediately go to his daughter's house because he was not feeling well. On 23.10.2008, the informant along with his son Raghunath and nephew Gopal went to Village Ghadi Sukha at the house of her in-laws, where he found his daughter lying died. There were marks of injuries on her throat and apparently it was a case of putting his daughter to death by strangulation. Besides, there were other marks of injuries on the body of deceased. There were marks of injuries on her mouth and eyes. At that time, there was no one in the house of the accused. It was, therefore, prayed that action be taken against Hari Singh, husband of his daughter, Bijendar Singh, father-in-law and Smt. Rama Devi, mother-in-law and Sonu.
(3.) That the police, on the basis of aforesaid report, chalked out FIR No. 279/2008 for offences under Sections 498A, 304B, 34 I.P.C. and commenced investigation. Upon completion of investigation, the police filed charge sheet against the accused appellants Bijendar Singh and Smt. Rama Devi under Section 498A, 304B, 201 and 120B I.P.C. and against accused Sonu under Section 201 I.P.C., before Judicial Magistrate, Badi. Investigation against accused Hari Singh was kept pending under Section 173(8) Cr.P.C. The case was then committed to the Court of Sessions, Dholpur. Thereafter, charges against aforesaid three accused-appellants under Sections 498A, 304B, 120B and 201 I.P.C. were framed, which they denied and claimed to be tried. Subsequently, charge sheet against accused-appellant Hari Singh under Section 498A, 304B and 201 I.P.C. was also filed before court below wherefrom the case was committed to the trial court. Thereafter, charges against the accused-appellant Hari Singh under Section 498A, 304B and 120B I.P.C. were framed, which he also denied and claimed to be tried. The prosecution produced 25 witnesses and exhibited 19 documents. Thereafter, the accused appellants were examined under Section 313 Cr.P.C., wherein they pleaded not guilty. However, the accused-appellants did not produce any witness but exhibited nine documents. The trial court, on conclusion of trial, convicted and sentenced the accused appellants vide judgment dated 21.08.2010 in the manner indicated above. Hence, these appeals.;