The main legal point established was the interpretation of evidence related to dowry harassment, demand, and the circumstances of the woman's death, leading to the conviction under Sections 304-B and 498-A of the IPC.

S. P. PATHAK, J.

( 1 ) THESE two Division Bench appeals have arisen out of a common judgment and order passed by learned Additional Sessions Judge No. 1, Jodhpur, in Sessions Case No. 44/99, as such the same are being disposed of by this common judgment.

( 2 ) D. B. Criminal Appeal No. 450/2001 has been filed by the State against the judgment and Order dated 7. 2. 2001 of the learned Addi. Sessions Judge No. 1, Jodhpur, whereby accused respondent Virendra Kumar has been acquitted of the charge under Section 302 IPC and the rest of the accused persons viz. , Moolchand, Smt. Sunita and Smt. Shanu Alka have been acquitted of the charges under Sections 302, 304-B and 498-A, IPC.

( 3 ) D. B. Criminal Appeal No. 106/2001 has been filed by accused Virendra Kumar challenging his conviction recorded by the learned trial Judge under Sections 304-B and 498-A, IPC, whereby the accused-appellant has been convicted and sentenced as under: Under Section 10 years Rigorous Imprisonment and fine of Rs. 1,000/-, in default of payment of fine further to undergo three months R. I. 304-B, IPC Under Section 3 years rigorous imprisonment and fine of Rs. 500/-, in default of payment of fine further to undergo two months R. I. 498-A, IPC The sentences were ordered to run concurrently.

( 4 ) IT is the case of the prosecution that on 16. 7. 1999 at about 3. 20-3. 45 p. m. , PW. 1 Ramesh Chandra-father of Smt. Premlata (since deceased, to be referred as the deceased) submitted a written report Exh. P/i in the Police Station, Pratap Nagar, Jodhpur with the averments that his daughter Smt. Premlata was married to accused Virendra Kumar about 4 years ago. Smt. Shanu @ Alka-sister-in-law of the deceased on phone intimated that deceased by hanging herself has committed suicide. After 10 minutes of the above telephone received by PW. 1 Ramesh Chandra, another telephone was received by him, which was from Smt. Sunita, mother-in-law of the deceased, who intimated that they should come to the house immediately to take the dead body of the deceased.

( 5 ) IT was further case of the prosecution that PW. 1 Ramesh Chandra after the above telephonic conversation, along with his family members and other persons including Ramjiprashad, Sohan Sankhla, Bhanwar Choudhary, etc. rushed to the in-laws house and on reaching there, on the first floor, in a room they found the dead body of deceased hanging with a sari. One end of the sari was tightened with the hook meant for ceiling fan at the roof and the other end of the sari was tightened with the neck of the deceased. A fan was also lying there in the room which was taken out from the hook meant for fixing the ceiling fan.

( 6 ) THE further case of the prosecution is that on seeing the dead body, it was asked as to how it had happened but no satisfactory explanation was offered by the in-laws. It is also the case of the prosecution that on previous occasion some years back, accused had murdered his earlier wife for dowry. The first wife was also treated with cruelty and she also died an unnatural death. In that episode, accused Virendra, his sister and mother were sent to jail. The prosecution case further is that in the above circumstances it was the apprehension of the father of the deceased PW. 1 Ramesh Chandra that the accused persons had hanged his daughter and thereby killed her. The accused, his father, mother and sister were regularly making demands of dowry which used to be satisfied by making payment either Rs. 5,000/- per month or Rs. 10,000/- after every alternate months. The deceased was being harassed and dealt with cruelty after one year of the marriage and soon before the incident, a demand for Maruti Car was made. It is further the case of the prosecution that at the time of marriage sufficient gold, silver and several domestic articles such as colour TV, fridge, etc. alongwith a sum of Rs. 5 1,000/- (Rupees fifty one thousand) as dowry were given but since the demand of dowry was increasing en