Narendra Kumar Jain J.-This criminal appeal under Section 374 (2) of the Code of Criminal Procedure (for short, CrPC), is directed against the Judgment and order dated 09.08.2001 of the Additional Sessions Judge, Behror, District Alwar, in Sessions Case No. 21/2000, whereby the accused-appellants have been convicted and sentenced as under :

Name of Accused Under Section Sentence

Vikram Singh, Rampat and Smt. Bimla 304 B, IPC To ten years rigorous imprisonment. Vikram Singh, Rampat and Smt. Bimla 201 IPC To two years rigorous imprisonment and fine of Rs. 2000/-; in default of payment of fine, to further undergo additional two months simple imprisonment. Vikram Singh, Rampat and Smt. Bimla 498 A, IPC To three years rigorous imprisonment and fine of Rs. 3000/-; in default of payment of fine, to further undergo additional three months simple imprisonment. Kailash 498 A, IPC To three years rigorous imprisonment and fine of Rs. 3000/-; in default of payment of fine, to further undergo additional three months simple imprisonment.

.2. Briefly stated the relevant facts for disposal of this appeal are that PW-1 Sajjan Singh, the father of deceased Sushila, lodged a written report (Exhibit P-1) dated 31.01.2000 at Police Station Behror about the death of his daughter Sushila by her in-laws. It was alleged that his two daughters, namely, Sushila and Kavita were married on 111.1999 with Vikram and Arvind, both sons of Rampat, By Caste Ahir, Resident of Mundiakhera, Tehsil Behror. He gave sufficient dowry in the marriage as per his capacity. He had given one Hero Honda Motorcycle, one coloured television, one Flour Machine with motor, two bed and also cash of Rs. 1,31,000/-. Her father-in-law, mother-in-law, their daughter and the husband started his daughter harassing by saying that two daughters have been married, therefore, two motorcycles and two coloured televisions should have been given in the marriage whereas her father has given only one motorcycle and one coloured television. It was further alleged that Rampat, Kailash, Vikram, Arvind, Ajit, Bimla and Maya, all by caste Ahir, residents of Munidiakhera, have killed his daughter by strangulation and threw her dead-body outside the house. On

.receipt of said information, he went to Mundiakhera with his brother and other relatives and enquired form the local residents of the village, who told that his daughter Sushila has been killed by her in-laws because of less dowry in her marriage and, therefore, he prayed in the report that a legal action may be taken in the matter.

3. On the basis of this information, the police registered FIR No. 46/2000 (Exhibit P-2) under Sections 498 and 304-B IPC, and started investigation. Site-plan (Exhibit P-3) was prepared and postmortem of dead-body of Sushila was conducted and as per postmortem report (Exhibit P-10) the medical board opined that the mode of death is asphyxia due to strangulation with fracture dislocation of third cervical vertebra. All the injuries were found to be ante-mortem in nature. After completion of investigation, the police filed charge-sheet against the accused persons under Sections 498-A, 304-B and 201 IPC in the Court of Additional Chief Judicial Magistrate, who committed the case for trial.

.4. The trial Court framed charges against the accused Vikram Singh, the husband, under Section 302, in alternative under Section 304-B, Sections 201 and 498-A, IPC and against accused persons Smt. Bimla, Kailash and Rampat for the office under Sections 304-B, 201 and 498-A, IPC. The accused persons denied the charges and claimed to be tried. The prosecution examined 32 witnesses and produced documentary evidence Exhibit P-1 to Exhibit P-43. Thereafter statements of accused persons were recorded under Section 313 of the CrPC. No witness was examined in defence but documentary evidence Exhibit D-1 to Exhibit D-16 was produced. The learned trial Court, after hearing arguments from all the sides, convicted and sentenced the accu