Pankaj Bhandari, J. - (1.) Appellant has preferred this appeal aggrieved by judgment & order dated 05.10.2016, passed by Additional Sessions Judge, Women Atrocities Cases, Court No.1, Kota, whereby Court below has convicted the appellant for offence under Section 304-B, 498- A of I.P.C. and he has been sentenced to undergo rigorous imprisonment for three years and fine of Rs.2,000/-, on non payment of fine appellant is required to further undergo simple imprisonment for two months for offence under Section 498-A I.P.C. and he has been sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/-, on non payment of fine he is required to undergo simple imprisonment for six months for offence under Section 304-B I.P.C.
(2.) The factual matrix of the case are that a complaint was lodged by father of the deceased on 09.07.2008, which was referred by the Court to the Police and F.I.R. was registered on 26.07.2008. The allegations in the F.I.R. (Ex.P-10) is that marriage of the deceased was solemnized with the appellant on 16.11.2005, her mother-in-law, sister-in-law and husband harassed her, on account of demand of dowry, Rs.50,000/- was demanded from her. It is mentioned in the F.I.R. that Rs.50,000/- was given to her on 09.02.2006 . It is also mentioned in the F.I.R. that daughter of the complainant has committed suicide by jumping in the river or she might have been thrown in the river. It is also mentioned that in-laws were harassing her and were demanding Rs.3,00,000/-. Police after due investigation submitted charge-sheet only against the present appellant.
(3.) Learned trial Court after hearing charge arguments framed charges for offence under Sections 498-A and 304-B of I.P.C. against the present appellant. Appellant denied the charges and sought trial, whereupon eleven witnesses were examined on behalf of the prosecution and eleven documents were exhibited. Accused-appellant was examined under Section 313 Cr.P.C. On behalf of the defence, two witnesses were examined and five documents were exhibited.;