- (1.) This appeal arises out of judgment and order of conviction and sentence dated 18.1.2003 and 21.1.2003 passed by the 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 368 of 2001 ( G.R No. 218 of 2001 arising out of Putki PS case No. 9 of 2001) whereby all the appellants have been held guilty for offences under sections 304B/498A/34 of the Indian Penal Code and accordingly appellant no.1 was sentenced to undergo rigorous imprisonment for life under section 304B/34 IPC, while appellants no. 2 and 3 were sentenced to undergo rigorous imprisonment for seven years under section 304B/34 IPC. The accused appellants were also convicted under section 498A/34 IPC and accordingly sentenced to undergo rigorous imprisonment for three years on this count. However, the sentenced were directed to run concurrently.
(2.) At the out set, Mr. Yogesh Modi, learned counsel for the appellants submitted that he does not press the appeal on behalf of appellant no. 1 and appellant no.2, as the appellant no. 1 committed suicide in jail and that appellant no.2 younger brother of appellant no.1, has served out the sentence.
(3.) Regarding appellant no.3, learned counsel submitted that no case is made out against her under section 304 B of the Indian Penal Code,inasmuch as there is no whisper about the demand of dowry against her. He further submitted that even under section 498A IPC, no offence against her is made out. The only allegation against her is that on her instigation, her son Santosh Keshri (appellant no.1) assaulted the deceased and that on the date of occurrence, on the instigation of this appellant, her son, Sanjay Kumar Keshri (appellant no.2) abused the deceased with filthy language and tried to remove her from the house on which she took a 'belan and said that she would also assault him. He further submitted that the appellant no. 3 will be aged about 65 years now.;