1. - By the judgment impugned dated 7.7.2005, Additional Sessions Judge (Fast Track), Balotara convicted and sentenced the appellants as under:-

Nakhtaram : under Section 304B Indian Penal Code : Life imprisonment. under Section 498A Indian Penal Code : One years' rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine further to undergo one month's rigorous imprisonment.

Kesararam : under Section 304B Indian Penal Code : Seven years rigorous imprisonment. under Section 498A Indian Penal Code : One years' rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine further to undergo one month's rigorous imprisonment.

Smt. Puri : under Section 304B Indian Penal Code : Seven years rigorous imprisonment. under Section 498A Indian Penal Code : One years' rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine further to undergo one month's rigorous imprisonment.

2. The facts necessary to be noticed are that on 5.9.2002 at 09:00 AM a written report (Ex.P/1) was submitted at police station Ramsar by Shri Jodharam (PW-1), stating therein that in the night of 4.9.2002 at 10:00 PM Smt. Tibi Devi after having dinner slept and at that time her husband Nakhtaram was with her.Other members of the family were at the house of Manga Meghwal participating in a "Jagaran". In night Smt. Tibi ended her life and this fact came into notice at about 03:00 AM on hearing a scream made by her daughter, who found Smt. Tibi hanging. Nakhtaram conveyed this fact to his father Kesararam and to the maternals of deceased and also to the police. Smt. Tibi solemnized marriage with Nakhtaram about seven years back.On basis of the information aforesaid a report was drawn and intimation was sent to the Tehsildar Barmer for further inquest.An another report (Ex.P/6) was submitted by Shri Baburam (PW-4), uncle of deceased, on 6.9.2002 at police station Ramsar with assertion that his niece Smt. Tibi was married to Nakhtaram about four years back. She was always subjected to harassment for dowry. About 15 days earlier, she came to her maternal home with complaint about her harassment by in-laws for dowry. After three days, Nakhtaram and Kesararam came to bring her with them and she was sent with them in presence of Sawai Singh and Jograj Singh, two responsible persons of the village. Nakhtaram and Kesararam while carrying Tibi with them assured for no further harassment to her. However, on 5.9.2002 at about 4-5 AM Sheraram and Rajuram, both residents of Sura informed about commission of suicide by Smt. Tibi by hanging herself. On receiving the information Prabharam, Dwarkaram, Chhaganaram and Jograj Singh came to Sura, where at the residence of Nakhtaram they found Smt. Tibi lying dead. The body of Smt. Tibi was having injuries on neck, hands and on a leg. As per the report Nakhtaram, Kesararam (father of Nakhtaram), Puri Devi (wife of Kesararam) two elder brothers of Nakhtaram viz. Ramaram and Dedaram, their wives and uncles Chetan, Shera and Mularam all use to harass Smt. Tibi.On basis of the report aforesaid (Ex.P/6), a case was lodged and investigation was initiated for the offences punishable under Sections 304-B and 498-A Indian Penal Code. On completion of investigation, a report as per provisions of Section 173 Criminal Procedure Code was filed before a competent court and then the case was committed to the court of Sessions.

3. After hearing, charges were framed against the accused persons pertaining to the offences punishable under Sections 304-B and 498-A Indian Penal Code. The charges so framed were denied and trial was desired, thus, the same was conducted. During the course of trial the prosecution supported its case with the aid of 22 witnesses including Jodharam (PW-1), Baburam (PW-4), Prabharam (PW-3), Smt. Aklo (PW-8), Motaram (PW-21), Dwarkaram (PW-17), Sawai Singh (PW-10) and Jograj Singh (PW-9). In evidence, the prosecution also produced Anil Kumar Jain (PW-6), the Executi