Hon’ble Surendra Vikram Singh Rathore, J.—All the aforesaid criminal appeals arise out of a common judgment, as such, they are being disposed of by a common judgment.

2. Challenge in the aforesaid criminal appeals is the judgment and order dated 26.9.2006 passed by Additional Sessions Judge/Fast Track Court No. 20, Allahabad in Sessions Trial No. 19 of 2002, arising out of Case Crime No. 127 of 2001, Police Station Audyogic Kshetra, Allahabad, whereby the appellants Manoj Kumar Tiwari, Amrawati Devi and Lallan Tiwari were convicted for the offence under Section 201 IPC and were sentenced to undergo 7 years’ rigorous imprisonment each and fine of Rs. 5000/- each with default stipulation of 3 months’ additional imprisonment. Appellants Manoj Kumar Tiwari and Amrawati were further convicted for the offence under Section 302 IPC and were sentenced to undergo rigorous imprisonment for life and also with fine of Rs. 10,000/- each with default stipulation of 6 months additional imprisonment. Appellants Manoj Kumar Tiwari and Amrawati were also convicted for the offence under Section 498-A IPC and were sentenced to undergo rigorous imprisonment for a period of three years each and also with fine of Rs. 10,000/- each with default stipulation of 6 months additional imprisonment. Appellants Manoj Kumar Tiwari and Amrawati were further convicted for the offence under Section 4 of the Dowry Prohibition Act and were sentenced to undergo rigorous imprisonment for a period of two years each and also with fine of Rs. 10,000/- each with default stipulation of 6 months additional imprisonment. All the sentences were directed to run concurrently. All the appellants were acquitted of the charges under Section 3 of the Dowry Prohibition Act. Appellant Lallan Tiwari was acquitted of the charges under Sections 302, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

3. In brief, appellant Manoj Kumar Tiwari happens to be the husband of the deceased and Smt. Amrawati Devi and Lallan happen to be the mother-in-law and uncle-in-law of the deceased respectively.

4. According to the prosecution case, on 8.9.2001, a First Information Report was lodged at Police Station Audyogic Kshetra, Naini, Allahabad, by Shri Anjani Prasad Upadhyay, brother of the deceased, mentioning therein that marriage of his sister Arti Devi was solemnized about six years’ ago with appellant Manoj Kumar Tiwari. Out of said wedlock, Km. Rachna was born and at the time of incident, the deceased was in her family way. Manoj Kumar Tiwari and his mother, in order to fulfil their demands of colour TV, VCR and cash money, used to treat her sister with cruelty and threaten her with dire consequences. Because of this cruel behaviour of the appellants, the deceased started living in the house of the complainant for the last about three years. Thereafter, appellant Manoj Kumar Tiwari and his mother came to the house of the complainant and made a request for her Vida. About four months’ prior to this incident deceased had gone to her matrimonial home. On 7.9.2001 at about 09.00 p.m., appellant Manoj Kumar Tiwari informed the complainant on phone that his sister is missing from her house since last night. On this information, on the next day morning the complainant reached at the house of the appellant Manoj Kumar Tiwari and at that time, appellants were not present in the house. The complainant made an inquiry from the persons living in the vicinity and also inquired from the close relatives but no one could furnish any information regarding his sister then the complainant expressed an apprehension that his sister Arti Devi has been done to death by the appellant Manoj Kumar Tiwari, his mother Amrawati Devi in prosecution of a conspiracy hatched with other persons. Several persons of the village are aware of this incident but nobody is ready to disclose this incident.

5. On this information, the case was registered on 8.9.2001 at 1530 hours under Sections 498-A, 304-B IPC and