Hon’ble Umesh Chandra Tripathi, J.—Heard Sri R.B. Sahai, learned counsel for the appellants and Sri L.D. Rajbhar, learned A.G.A., for the State.

2. These two appeals are directed against the common judgment and order dated 30.5.2008 passed by learned Additional Sessions Judge/Fast Track Court No. 2, Fatehpur in S.T. No. 84 of 2006 (State v. Jai Singh @ Bade and others) arising out of case crime No. 136 of 2005 whereby the accused-appellants Jai Singh @ Bade, Mohan Singh, Smt. Ram Beti, Vijay Singh, Km. Meenu @ Namita Singh and Km. Manu @ Pooja were convicted and sentenced as follows: (a) Ten years’ rigorous imprisonment for offence under Section 304B Indian Penal Code (hereinafter referred to as “IPC”), (b) Two years’ simple imprisonment and a fine of Rs. 2000/- each and in case of default in payment of fine, three months additional imprisonment each for offence under Section 498A IPC; and (c) One year simple imprisonment and a fine of Rs. 2000/- each and in case of default in payment of fine, additional imprisonment for three months for offence under Section 4 Dowry Prohibition Act (hereinafter referred to as “DP Act”).

3. All these sentences were directed to run concurrently.

4. The brief facts of the prosecution case are that marriage of Arti @ Baby (now deceased) daughter of complainant/informant Ram Dulari was solemnized with appellant Jai Singh @ Bade s/o Mohan Singh Chauhan r/o Civil Lines, Behind Power House, Fatehpur on 23.4.2004. After her marriage, her husband (Jai Singh @ Bade), father-in-law (Mohan Singh), mother-in-law (Smt. Ram Beti), Sister-in-law (nanad) (Km. Meenu), Sister-in-law (nanad) (Km. Manu) and Brother-in-law (dewar) (Vijay Singh) started demanding cash of Rs. 50,000/- and Refrigerator, as dowry. Due to demand of dowry, she was treated with cruelty and was harassed by them till her death. The said demand of dowry was also made from the informant/complainant (Ram Dulari) by her daughter’s in-laws. The information about the death of deceased was given to the complainant Ram Dulari by a boy aged about 18-20 years. Thereafter complainant alongwith her nephew Dharmendra went to in-laws house and they saw that dead body of her daughter was lying in the room of second floor and at that time in-laws were not present there. On the written information of complainant Ram Dulari, FIR was lodged on 20.5.2005 at 8:45 PM against accused-appellants Jai Singh @ Bade, Mohan Singh, Smt. Ram Beti, Vijay Singh, Km. Meenu and Km. Manu under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act.

5. Inquest report (Ex. Ka-4) has been prepared by Naib Tehsildar (Ashok Kumar Singh Chandel) on 20.5.2005 at 1:20 PM. Post-mortem (Ex. Ka-3) has been conducted by Dr. A.S.Khan on 20.5.2005 at 4:00 PM. There was no any other injury except ligature mark on the neck of the deceased (Arti @ Baby). Cause of death is asphyxia as a result of ante-motem hanging.

6. From perusal of the statement of PW-3 Dr. A.S. Khan and post-mortem report, it is evident that deceased has committed suicide, it is not a case of homicidal death. Sub Inspector Ajai Kumar has recovered ‘Gamchha’ (towel) used in the hanging on 20.5.2005 in presence of public witnesses Jang Bahadur Singh, Ajay singh and Ashraf Khan.

7. After investigation charge-sheet has been submitted against appellants Jai Singh @ Bade, Mohan Singh, Smt. Ram Beti, Vijay Singh, Km. Meenu @ Namita Singh and Km. Manu @ Puja under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act.

8. Learned Trial Court has framed charges under Section 498-A, 304-B IPC and Section 3/4 D.P. Act against appellants and explained charges to them. They have pleaded not guilty and claimed to be tried.

9. To substantiate charges against accused persons, prosecution has examined PW-1 Informant (Ram Dulari), PW-2 (Ashok Singh), PW-3 Dr. A.S. Khan, PW-4 Naib Tehsildar (Ashok Kumar Singh Chandel), PW-5 Neeraj Singh, PW-6 Circle Officer Shiva Ji Shukla, PW-7 Sub Inspector Ajai Kumar and PW-8 Jang Bahadur Singh.

10. Excep