JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

These two appeals are directed against the common judgment dated 9th December, 2005 passed by the learned Single Judge of the Punjab and Haryana High Court at Chandigarh in two separate Criminal Appeal Nos. 392-SB of 1995 and 151-SB of 1995, whereby the learned Single Judge dismissed the appeals preferred by the accused and affirmed the conviction and sentence awarded by the Additional Session Judge, Yamuna Nagar at Jagadhri.

2. The appellants were tried for offences under Sections 498-A , 304-B and 201/34 IPC and after hearing the parties the learned Additional Session Judge, Jagadhri by its judgment dated 22nd February, 1995 convicted the appellant Rajinder Singh for the offences under Sections 498-A , 304-B and 201 IPC whereas other appellants, namely, Surinder Singh, Pritam Singh, Gurvinder Singh were convicted for offences under Section 201/34IPC. Accused-Appellant Rajinder Singh was sentenced to undergo RI for a period of two years and to pay a fine of Rs.500/- for offence under Section 498-A IPC, in default of payment of fine, he had to undergo further RI for six months; for offence under Section 304-B IPC he was sentenced to undergo RI for a period of seven years and for the offence under Section 201 IPC, he was sentence to undergo RI for a period of two years and to pay a fine of Rs.500/- in default of payment of fine, he was to undergo further RI for a period of six months. The other accused, namely, Surinder Singh, Pritam Singh and Gurvinder Singh were sentenced to undergo RI for a period of 2 years and to pay a fine of Rs.500/- each for the offence under Section 201/34 IPC, in default of payment of fine they were to undergo RI for a period of six months. Accused, Madan Lal had been acquitted by that judgment. During the pendency of the appeal before the High Court, appellant-Pritam Singh died and his case got abated. Thus the case was confined to rest of the accused.

3. The case of the prosecution against the accused-appellant- Rajinder Singh is that Santosh Kaur, daughter of Nahar Singh was married with the accused-appellant on 22nd April, 1992. Sufficient dowry articles were given. On 11th December, 1992, accused-appellant left his wife Santosh Kaur in her parents house for one month when Santosh Kaur told her father- Nahar Singh that her father-in-law; Pritam Singh, husband- Rajinder Singh, brother-in-laws; Gurvinder Singh and Surinder Singh and Madan Lal, brother-in-law of her husband has been harassing her for bringing less dowry. She also told that they were demanding Rs.25,000/- and asked her to bring that amount when she came back to her in-law's house on Lohri. Nahar Singh was not in a position to pay the amount demanded and assured his daughter that he might arrange some money when she would go back to her-in-law's house. On 15th January, 1993, when Sukhbir Singh, brother of Santosh Kaur, was taking her to her-in-law's house, his father-Nahar Singh told him to make the accused understand that some money would be sent by 20th January,1993 and that they should not harass her. He also informed this fact to Sucha Singh, Sarpanch of the village. Finally, money could not be arranged by 20th January, 1993. On 24th January, 1993, one Pritam Singh came to the house of Nahar Singh and informed him that his daughter-Santosh Kaur had died during the intervening night of 23rd/24th January, 1993 and she had also been cremated in the morning of 24th January, 1993. On 25th January, 1993, Nahar Singh, Sucha Singh, Sukhbir Singh and some other family members went to Mamliwala to the house of the accused and after verifying the facts, lodged a report before Police Station, Chhachhrauli. A case was registered and accused were sent for trial.

4. After trial, case was found to be proved against Rajinder Singh for the offence under Sections 498-A,304-B and 201 IPC and against Surinder Singh, Pritam Singh and Gurvinder Singh for the offence under Section 201/34 IPC; hence they were convicte