Shiv Kumar Sharma, J. - (1.) This appeal owes its origin in the judgment dated December 2, 1997 of the learned Additional Sessions Judge, Kishangarh Bas (Alwar) in Sessions Case No. 50/1996 whereby each of the accused appellants was convicted under sections 304-B and 498-A IPC and sentenced as under- Section 304-B-to suffer 10 years R.l. and fine of Rs.1000/- (in default to further suffer two months S.I.) Sections 498-A-to suffer one year R.l. and fine of Rs.500/- (in default to further suffer two months R.l.)
(2.) Brief resume of facts is that deceased Smt. Kamlesh was married to accused appellant Desh Bhandhu in the month of February 1993. She died under abnormal circumstances in his house on August 28, 1996. Gokal Chand (PW 1) the brother of the deceased instituted a written FIR (Ex.R 1) with the PS. Kherthal with the averments that immediately after the marriage accused appellants Desh Bhandhu and Gulab Devi (mother of Desh Bandhu) started harassing Kamlesh in connection with demand of dowry. Kamlesh resided in her parents house till July 6th and Desh Bandhu came to fetch her. In the month of June he demanded Rs.50,000/- but sum of Rs. 25,000/- could only be arranged and paid to Desh Bandhu, resultantly Kamlesh was done to death by Desh Bandhu and Gulab Devi. Police Station Khairthal initially registered a case under sections 302, 498-A, 304-B and 406 IPC. Against the accused appellants and commenced investigation. Post mortem of dead body of Kamlesh was conducted and accused appellants were arrested. After completion of investigation charge sheet was laid and case was committed
(3.) Learned trial court on Feb. 3, 1997 framed charges under section 304-B and 498-A of the Indian Penal Code against the accused appellants, who denied the charges and claimed trial. The Prosecution examined as many as eleven witnesses and exhibited seventeen documents. The statements of the accused appellants under section 313 Cr.P.C. were recorded. Accused Desh Bandhu examined himself as defence witness DW 1 learned trial court after hearing the rival submissions convicted and sentenced the accused appellants as indicated above.;