The central legal point established in the judgment is the requirement for credible evidence to establish the ingredients of Section 498-A I.P.C. and the need to ensure that findings are not of a perverse nature.

1. This criminal appeal under Section 374 of the Code of Criminal Procedure has been filed against the judgment and order dated 18.11.2005 passed by the Additional Sessions Judge (Fast Track) Sikar in Sessions Case No. 17 of 2005, State v. Ram Avtar and others whereby the accused-appellants have been convicted and sentenced as under :

2. Briefly stated, the facts for the disposal are that on 12.10.2004 at about 2.15 P.M., PW-3 Narain Lal submitted Ex.P-4 a written report at spot before the SHO, Police Station Raghunathgarh District Sikar with the averments that his two daughters, namely; Sharda and Suman were married in the family of accused-appellant Ramdevaram (father-in-law), Ram Avtar (Jeth) and Smt. Sand Devi (mother-in-law). Their husbands were living in foreign country to earn their livelihood. The in-laws used to taunt and torture both his daughters. On the day of incident in the morning at 8.00 A.M. Suman intimated on telephone No. 292379 to him as well as to her mother. At that time she was in stress and fear. It was also alleged that she told her mother that her in-laws were giving beating to her and in the previous night she was also given beatings. She made a request to come immediately and take her with them. It was also averred that on previous occasions also, she was beaten by her in-laws and they were asked not to taunt and ill-treat the girls but they did not do so. The in-laws first murdered the daughter and thereafter thrown her into a well. It was also stated that sufficient amount of dowry was given at the time of marriage. On this report, F.I.R. No. 148/2004 was registered at Police Station for the offence under Sections 498-A and 304-B I.P.C. and ' investigation commenced. During the course of investigation, post mortem on the dead-body of Suman was conducted. The post mortem report Ex.P-5 was prepared. Formal F.I.R. Ex.P-6 was registered. Statement of witnesses were recorded and after completion of usual investigation, charge-sheet was filed against the accused-appellants under Sections 498-A and 304-B I.P.C. Ultimately, the matter came up for trial before the learned Additional District and Sessions Judge (Fast Track), Sikar. Against the accused-appellants charge was framed for the offence under Sections 498-A and 304-B I.P.C. to which the accused denied and claimed trial. In support of its case, the prosecution examined 16 witnesses and tendered several documents. In the statement recorded under Section 313 Cr.P.C., the accused stated that they were falsely implicated in the case. It was also stated that since the husband of the deceased and Smt. Sharda were living in foreign country and were remitting their earnings to their father and mother to repay the debt which was not liked by them, therefore, deceased committed suicide. It was also alleged that Sharda, the sister of the deceased, a month before the incident had left the in-laws house on account of harassment. In defence DW-1 Nemi Chand and DW-2 Devi Lal were examined.3. After hearing final submissions, learned trial Court convicted the accused-appellants under Sections 498-A and 304-B I.P.C. and sentenced them as indicated here-in-above. Hence, the appellants have filed the present appeal.4. I have heard learned counsel for the accused-appellants as well as learned Public Prosecutor for the State assisted by the learned counsel for the complainant.5. The learned trial Court recorded its findings to the following effect :

(i) within 7 years of marriage the deceased has died in suspicious circumstances, therefore, presumption was required to be drawn against the accused-appellants;

(ii) in view of the e