The main legal point established in the judgment is the interpretation of the necessary ingredients for an offence under Section 304-B IPC, emphasizing the demand for dowry, cruelty, and harassment, as well as the court's discretion in awarding the sentence.

Surendra Vikram Singh Rathore, J.

Mr. Raj Bux Singh, learned counsel for the appellants and Mrs. Ruhi Siddiqui, learned Additional Government Advocate were heard at length.

2. Since both these appeals i.e. (Criminal Appeal No.1427 of 2014-Jitendra Prakash @ Raju v. State of U.P.) and (Criminal Appeal No.1429 of 2014-Virendra Prakash @ Chhotu v. State of U.P.) arise out of a common judgment, therefore, the same are being disposed of together.

3. Criminal Appeal No.1427 of 2014 has been preferred by the appellant-Jitendra Prakash @ Raju and Criminal Appeal No.1429 of 2014 has been preferred by the appellants Virendra Prakash @ Chhotu challenging the judgment and order dated 09.10.2014 passed by learned Additional Sessions Judge, Court No.3, Rae Bareli, in Sessions Trial No.292 of 2010, arising out of Case Crime No.1669 of 2009, Police Station Bachhrawan, District Rae Bareli, whereby both the appellants Jitendra Prakash @ Raju and Virendra Prakash @ Chhotu were convicted and sentenced as under:-

(i) Under Section 498-A IPC-Three years' rigorous imprisonment and also with fine of Rs. 2000/- each, with default stipulation two months additional simple imprisonment.

(ii) Under Section 304-B IPC-Imprisonment for life.

(iii) Under Section 3/4 D.P. Act-Two years' rigorous imprisonment.

4. All the sentences were directed to run concurrently.

5. It is a case of dowry death. Appellant Jitendra Prakash @ Raju is the husband of the deceased and appellant Virendra Prakash @ Chhotu is the devar (younger brother of the husband) of the deceased.

6. In brief, the case of the prosecution was that the complainant Bajrangi lodged an FIR at Police Station Bachhrawa, District Rae Bareli on 30.12.2009 at 15:05 hours alleging therein that his daughter Gomti was married with the appellant Jitendra Prakash @ Raju about 5 years prior to her death. On 26.12.2009 he had sent his wife for the vida of his daughter but the family members of his daughter matrimonial home declined to send the deceased with her mother. They stated that they have not received anything in dowry. They shall permit the deceased for her vida only after payment of Rs. 50,000/- cash and a gold chain in dowry. Even prior to this incident, the dowry was demanded several times. Chhotu @ Surya Prakash had threatened them that if the demand of dowry is not fulfilled then they can go to any extent. Shyam Lal, Smt. Prema Devi, Jitendra Prakash @ Raju and Virendra Prakash @ Chhotu also stated that even if they kill her then no action can be taken against them. On 27.12.2009 at about 12.30 p.m. he got an information by the police that his daughter Gomti has died, the complainant at that time was with his elder son in Ludhiana Punjab, wherefrom he gave information of this incident to his wife. When the members of the family went to the sasural of the deceased then they found that Gomti was lying dead there and apprehension was expressed that Shyam Lal Baba, Smt. Prema Devi Aaji, Jitendra Prakash @ Raju and devar Virendra Prakash @ Chhotu were involved in this incident.

7. The case was registered against four accused persons named above.

8. Prior to the registration of the case Shyam Lal Vishwakarma had given information of the death on 27.12.2009 at 13.10 hours on the basis of which the inquest proceedings were conducted. After completing the necessary formalities the dead body was sent for postmortem. The postmortem on the body of the deceased was conducted on 28.12.2009 at 4.05 p.m. and following ante-mortem injuries was found on the body of the deceased:-

(i) Ligature mark transversely placed 24.5 cm x 0.5 cm in front of neck below thighroid. Base of mark soft and reddish (neck circumference 36 cm). Ligature mark was 6 cm below left ear and 5 cms. below chin and 9 cm below right ear pinna. Subcutaneous tissues under the mark were echomoised underlying muscles were congested.

9. The postmortem on the body of the deceased was conducted by a team of two doctors and cause of death was asphyxia due to