Hon’ble Imtiyaz Murtaza, J.—Challenge in this appeal is to the judgment and order dated 14.5.2009 passed by Addl. District and Sessions Judge, Kushinagar at Padrauna in S.T. No. 260 of 2000 whereby the appellant No. 1 Keshav Shukla has been convicted under Section 304-B I.P.C. and sentenced to imprisonment for life attended with sentence of fine of Rs. 10,000/- and in default of payment of fine to undergo further imprisonment for one year. Appellant Nos. 2 to 4, namely, Vyas Shukla, Smt. Vimla Devi and Smt. Hemlata Devi alias Subhawati have been convicted under Section 304-B I.P.C. and sentenced to ten years’ R.I. attended with sentence of fine of Rs. 10,00/- and in default of payment of fine to undergo further one year’s imprisonment. All the appellants have also been convicted under Section 498-A I.P.C. and sentenced to two years imprisonment. All the sentences were directed to run concurrently.

2. A brief resume of the events leading to lodging of FIR is that the informant Bhola Nath had married his daughter Reena about two years back with Keshav Shukla. The marriage, it is alleged, was performed with all fan-fare and he gave dowry according to what he could offer within his means. To be precise, he had given a Rajdoot Motorcycle and jewellery items and also incurred the expenses of the Barat. Prior to the marriage Keshav, his father Vyas Shukla, his mother Smt. Hemlata, his sister-in-law Smt. Vimla Devi and Nand Pushpa had come to see his daughter and her daughter was approved. Send off (Bidai) of his daughter took place alongwith the marriage but after sometime of the marriage, the in-laws put forth further demand which included Chain, Colour T.V. and Fridge. It is further alleged that the complainant being unable to meet the demands, shrugged off the demand upon which the in-laws of his daughter started torturing his daughter but she persevered with it for sometime. On 16.4.2000, Keshav Shukla, his father Vyas Shukla, mother-in-law and sister-in-law asked her to go back to her parental house as she was mismatch in their family and she was repeatedly pushed out of the house by catching hold of her bunched hairs It is further alleged that his daughter gave them to understand that she would not leave her matrimonial house even if it cost her life. It is further alleged that in the night of 16/17.4.2000, the in-laws had tortured her by tying her hands and legs and also by piercing nails in between the fingers of her both the legs and assaulted her with rod on her back below her waist and on her thighs. The nails of her fingers were also pulled and she was brutally assaulted. It was per chance that the complainant happened to be there to meet his daughter in village Damvatiya on 20.4.2000 in the morning but the in-laws initially did not allow him to meet his daughter but subsequently on his repeated requests and also on the intervention of villager people, his daughter was pushed before him in critical condition. Seeing her condition, it is alleged, he took her daughter for medical treatment at Kasiya where she was administered treatment. Ultimately, it is alleged, after leaving his daughter at home, he went to the police station and lodged the report at the police station on 22.4.2000 under Section 498-A, 323 and 325 I.P.C.

3. It would transpire from the record that Smt. Reena expired on 6.5.2000 and the case was altered to one under Section 304-B I.P.C.

4. After completing investigation, the police submitted charge-sheet nominating the accused persons. In due course, the case was committed to the Court of Sessions and the charges were framed against the accused persons under Sections 304-B and 498-A I.P.C.

5. The prosecution, in order to prop up its case examined in all seven witnesses out of whom PW 1 is Gajar Dubey, PW 2 is Kaushalya Devi are the witnesses vouching for the circumstances incriminating to the accused persons.

6. The case of the defence was one of denial attended with the version that the deceased at