(1.) Criminal Appeal No. 7291 of 2019 (Hoti Lal Rajpoot and another Vs. State of U.P.) has been preferred on behalf of convict Hoti Lal Rajpoot and Lajjawati and the Criminal Appeal No. 7649 of 2019 (Arvind Kumar Vs. State of U.P.) was preferred on behalf of convict Arvind Kumar, against the judgment and conviction order dated 14.11.2019 passed by Sessions Judge, Auraiya, convicting the appellants Hotilal Rajpoot, Lajjawati and Arvind Kumar for the charges under Sections 302 r/w 34 IPC and sentenced them with imprisonment for life and fine Rs.25,000/-. In default of payment of fine additional imprisonment of six months was directed to be undergone by the appellants in S.T. No. 5 of 2016, arising out of Case Crime No. 675 of 2015, under Sections 498-A, 304-B, 302/34 IPC and Section 4 of Dowry Probibition Act, P.S. Auraiya, Disrtrict Auraiya.
(2.) Since both the Criminal Appeals arise out of the same Sessions Trial number, they have been heard together and are being disposed of by a common judgment.
(3.) The matrix of the prosecution case as gathered from the record are that the first informant Sarman Lal's daughter Arti was married with accused Arvind Kumar son of Hotilal Rajpoot, resident of Dayalpur, P.S. Kotwali Auraiya, District Auraiya about three years ago. Arti had also a daughter about one and half years old. The daughter of informant was subjected to cruelty by the husband Arvind Kumar, father-in-law Hotilal Rajpoot and mother-in-law Lajjawati. Since the time of marriage because of less dowry, besides she was also tortured and an additional demand for Rs.1,00,000/- in cash was made, which could not be fulfilled by the informant. On 30.07.2015 the informant received information from the cousin brother of his son-in-law Shambhu that his daughter Arti was ill and she was being taken to the hospital at Kanpur. Accordingly, the informant reached the Regency Hospital, Kanpur but none was found there. Thereafter the informant along with his family reached Auraiya where the in-laws of his daughter were residing, the house was locked, thereafter he came on the road and saw the dead body of his daughter lying on the road. The dead body was thrown down from the Maruti Van. Dowry death of his daughter was caused by the husband Arvind Kumar, father-in-law Hotilal Rajpoot, mother-in-law Lajjawati and sister-in-law Rinki and Pinki respectively. On this written information (Ext. Ka-1), at Case Crime No. 675 of 2015, a case under Sections 498-A, 304-B IPC and 3/4 D.P. Act was registered against Arvind Kumar, Hotilal Rajpoot, Lajjawati, Rinki and Pinki with the police station Auraiya, District Auraiya.