(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

This Criminal Appeal is at the instance of two convicts of the offence punishable under Sections 304-B, 306 and 498-A read with Section 34 of the Indian Penal Code, and is directed against order of conviction and consequent sentence dated 5th March, 2004, passed by the Additional Sessions Judge, Fast Track Court No.1, Jamnagar, in Sessions Case No. 158 of 2001. By the aforesaid order passed by the learned Additional Sessions Judge, both the accused-appellants have been convicted of the offence punishable under Section 304-B read with Section 34 of the Indian Penal Code, including Section 4 of the Dowry Prohibition Act, and have been sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 1,000/-each. In default of payment of fine, the appellants would undergo further simple imprisonment for one year.

2. The appellants have also been convicted of the offence under Section 306, read with Section 34 of the Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs. 1,000/-each. In default of payment of fine, the appellants would undergo further simple imprisonment for one year.

3. The appellants have also been convicted of the offence punishable under Section 498-A, read with Section 34 of the Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for a period of 18 months, with fine of Rs. 500/-each. In default of payment of fine, the appellants would undergo further simple imprisonment for six months.

4. The appellants have also been convicted for the offence punishable under Section 4 of the Dowry Prohibition Act, and have been sentenced to undergo rigorous imprisonment for a period of six months and fine of Rs. 250/-each. In default of payment of fine, the appellants would undergo further simple imprisonment for two months.

5. The case of the prosecution may be summarized as under:-

5.1 The appellant No.1 is the husband of the deceased, whereas the appellant No.2 is the mother-in-law of the deceased. The marriage of the deceased with the appellant No.1 was solemnized on 29th April, 1997. In the wedlock, two children were born, a daughter named "Riti", who, at the time of the incident was two years old and a son named "Yash", who, at the time of the incident was seven months old. The deceased was a South Indian lady. Her native place was Mangalore. However, the parents of the deceased had settled in Goa. The accused-appellants are Gujaratis from Jamnagar. It is the case of the prosecution that the deceased, namely, Sandhya was working in the company of the brother-in-law of the accused No.1 at Goa and accordingly, came in contact with the accused No.1. Both fell in love and decided to get married amidst objection on the part of the parents of the deceased. According to the prosecution, after marriage, the accused persons started harassing the deceased as they insisted that the deceased should get Rs. 2 lac from her parents. As the parents of the deceased were unable to arrange for Rs. 2 lac, there was incessant harassment to the deceased at the end of both the accused persons, as a result, the deceased committed suicide by hanging herself.

5.2 It appears from the materials on record that the brother of the deceased, P.W 2 Santosh Chandrashekar Kanan lodged the First Information Report on 30th September, 2001, before the Deputy Superintendent of Police, Jamnagar City, inter-alia stating that he was residing with his parents and a brother. It has been stated that his sister Sandhya had performed love marriage with Kamlesh Prabhudas Tanna, the accused No.1, of Jamnagar on 24th September, 1997, and thereafter, was residing with her husband at Jamnagar. It has been stated that his sister Sandhya committed suicide on 11th September, 2001, at her matrimonial home. The accused No.1 had informed the first informant on telephone that Sandhya had committed suicide. No sooner