JUDGMENT

Pankaj Bhandari, J. - Accused-appellant has preferred this appeal aggrieved by judgment and order dated 19.08.2015, passed by Additional Sessions Judge No.2, Jhunjhunu, whereby, accused-appellant has been convicted for offence under Section 498-A and 304-B IPC and has been sentenced to undergo one year rigorous imprisonment for offence under Section 498-A IPC and ten years rigorous imprisonment for the offence under Section 304-B IPC. The Court has further imposed fine of Rs.500/-, on non payment of which appellant is to further undergo one month imprisonment and fine of Rs.5,000/- for the offence under Section 304-B, on non payment of which, appellant is to undergo six months imprisonment.

2. Complainant, father of the deceased has preferred Appeal No.1141/2015 for enhancement of sentence.

3. The factual matrix of the case are that a written F.I.R. Ex.P- 15 was lodged by Murlidhar, father of the deceased on 11.03.2013, to the effect that marriage of his daughter (hereinafter to be referred as 'victim') took place with the appellant on 16.02.2009, there was demand of dowry, demand of Rs.1,00,000/- was made on 03.03.2013, and the victim told him that her life is in danger. It was alleged in the F.I.R. that father-in- law, mother-in-law, husband and brother-in-law of the deceased have killed her daughter.

4. Police on receipt of the report, investigated the matter and after due investigation, submitted charge-sheet only against the present accused-appellant. Court after hearing the charge- arguments framed charges for offence under Section 498-A and 304-B IPC and in the alternative under section 302 IPC. Accused- appellant denied the charges and sought trial, upon which as many as sixteen witnesses were examined on behalf of the prosecution and forty four documents were exhibited. Explanation of the appellant was recorded under Section 313 Cr.P.C. In defence, appellant got himself examined as DW-1 and also produced three other witnesses as Ex.D-2 to Ex.D-4. Documents, Ex.D-1 to Ex.D-50 were exhibited in defence.

5. The Court after hearing final arguments has convicted the accused appellant for the offence under Section 498-A and 304-B IPC and sentenced him as mentioned herein above aggrieved by which accused-appellant has preferred appeal No.796/2015, aggrieved by imposition of less sentence, appeal has been preferred by the complainant with a prayer that accused be sentenced for life imprisonment.

6. It is contended by counsel for the accused that marriage of accused with the deceased took place in February, 2009. Deceased was maintaining a diary. In the entire diary, she has not levelled any allegation with regard to demand of dowry. The allegation that dowry was demanded on 03.03.2013, has not been established. It is also contended that noting in the diary Ex.P-8 dated 10.03.2013 and suicide note Ex.P-9 dated 10.03.2013 are not in the hand writing of the deceased and prosecution has failed to establish that the documents are in the handwriting of the victim.

7. It is contended that the deceased was a School Lecturer who at the time of her demise was having around Rs.76,000/- in her savings account of SBBJ Bank and Rs.1,29,000/- in her savings account of Bank of Baroda which has been exhibited as Ex.D-5 and Ex.D-35 respectively. It is also contended that she was also having an FD of Rs.50,000/- which was maturing on 02.07.2013.

8. It is further contended that accused-appellant was made nominee in her FD and in her bank accounts and in the two insurance policies Ex.D-37 and Ex.D-38.

9. My attention has also been drawn towards Ex.D-6 which is a letter of State Insurance, from which it is revealed that the victim had made her father, her husband and her son as nominee for receiving 30%, 30% and 40% of the amount, respectively.

10. It is argued that documents Ex.P-8 and Ex.P-9 are not in the hand writing of victim. It is contended that the burden to prove that document was in hand writing of the victim was on the prosecut