V.K. JAIN, J.

1. This is an appeal against the Judgment dated 14th March, 2005 and Order on Sentence dated 16th March, 2005, whereby the appellants alongwith Naresh Kumar Sharma, son of the appellants Hans Raj Sharma and Satya Devi and elder brother of the appellant Suresh Kumar Sharma were convicted under Section 498-A & 304-B of IPC read with Section 34 thereof and were sentenced to undergo RI for one year each and to pay fine of Rs.500/- each or to undergo RI for 15 days each under Section 498-A/34 IPC and were further sentenced to undergo RI for 7 years each and to pay fine of Rs.1000/- each or to undergo RI for 30 days each in default under Section 304-B/34 IPC. The sentences were directed to run concurrently.

2. The convict Naresh Kumar Sharma has been released from jail after his having undergone the sentence awarded to him. He has already withdrawn the appeal filed by him on the ground that having undergone the sentence, he did not want to pursue it further.

3. In the night of 1st May, 1997 deceased Lovely was brought dead to St. Stephen Hospital, Tis Hazari, Delhi at about 10.45 pm, by her husband Naresh. The dead body had scar marks of injury on her neck. On receipt of information in this regard, SI Vijay Singh went to St. Stephen Hospital and called SDM Kotwali. The statement of brother and mother of the deceased was recorded by the SDM. In his statement to SDM, Subhash Chand, brother of the deceased, stated that Lovely was married on 18th January, 1995. He further stated that at the time of marriage, there was no demand of dowry and necessary items had been given to the in-laws of Lovely, without any pressure or demand. He alleged that in March, 1995, Lovely came to his house and informed that her husband Naresh had to purchase a shop at Lawrence Road. She further informed that Naresh was a heavy drinker and used to beat her. He also claimed that sometimes Naresh had beaten Lovely in front of his mother as also before him under influence of liquor. He further alleged that on 1st May, 1997, at about 11.00 am, Lovely came to Madangiri and stated that her husband Naresh Kumar, mother-in-law, father-in-law and son-in-law were harassing her and demanding Rs.50,000/-. He told Lovely that he would meet Naresh next day. Lovely, thereupon, returned to the house of her in-laws at about 7.00 pm on the same day. On 2nd May, 1997, at about 5.00 am, he received a telephonic message from an unknown person informing him that Lovely had expired. Subhash expressed suspicion that father-in-law, mother-in-law, husband and brother-in-law of Lovely had killed her. Smt. Subhadra Devi, mother of the deceased, in her statement to the SDM stated that at the time of marriage, there was no demand of dowry though necessary items were given willingly. She also expressed her full agreement with the statement given by her son Subhash and sought legal action against the father-in-law, mother-in-law, brother-in-law and husband of the Lovely. FIR was registered on the basis of the aforesaid statement, recorded by the SDM.

4. Subash Chand, brother of the deceased came in the witness Box as PW-1 and stated that after marriage, there was no demand of dowry for about two months, but thereafter her sister was harassed by the appellants, who demanded more dowry of cash amounting to Rs.1 lakh on the pretext that Naresh had to purchase a shop. He further stated that Naresh used to beat his sister, after taking drinks, at the instance of other accused persons, as his sister did not bring the required amount of dowry. He claimed that two-three times, Naresh had beaten his sister at his residence when she came there to meet them. At that time, he was under influence of liquor. He further stated that on 1st May, 1997, Lovely came to their house at about 11.00 am and told him that her husband and in-laws had sent her to bring Rs.50,000/- since they had to purchase a shop, but he could not give that amount as he was not able to arrange i