- (1.) Heard learned Counsel for the appellants and learned Counsel for the State.
(2.) This appeal is directed against the judgment of conviction and order of sentence dated 26.04.2002 passed by Shri Chandra Prakash Asthana, learned 9th Additional Sessions Judge, Hazaribag in Sessions Trial Case No. 172 of 1995, by which judgment, he found the appellants guilty for the offence under Section 498A of the Indian Penal Code and sentenced appellant No. 1, Chhotan Mahto, the husband of victim to undergo rigorous imprisonment for three years and appellant Nos. 2, 3 and 4 to undergo rigorous imprisonment for one year and appellant Nos. 5 and 6 to undergo rigorous imprisonment for two years. However, he has acquitted the appellants from the charges under Sections 304B/34, 302/34 and 201/34 of the Indian Penal Code.
(3.) It is submitted by learned Counsel for the appellants that it will appear from the evidences of witnesses especially P.W. 1, Hemlal Mahto, P.W. 2, Dhania Devi and other witnesses that all the brothers of appellant No. 1, Chhotan Mahto were living separately and there is no question that they have demanded any dowry from the father of the deceased. Moreover, prosecution witnesses P.W. 5, Jageshwar Prasad, P.W. 6, Jhallu Mahto and P.W. 7, Tuklal Mahto have subsequently stated that dowry was being demanded by only Chhotan Mahto and there is no allegation of demand of dowry against the other appellants. He has further submitted that the father of appellant No. 1, Rijho Mahto, who was aged about 83 years at the time of judgment, is now dead, and as such, a lenient view may be taken while passing the judgment.;