JUDGMENT :

Virendra Kumar, J.

Since both the criminal appeals have arisen from the same impugned judgment and order, therefore, with the consent of learned counsel for parties, both these appeals are being decided by a common order.

2. Heard Mr. Maneesh Kumar Singh, learned counsel for appellants as well as Ms. Ruhi Siddiqui, learned A.G.A. for the State and perused the record.

3. The appellants, Vijay Bahadur alias Pahadi, Smt. Indrawati (since dead), wife of Shri Mewa Lal Jaiswal, Smt. Pramila, wife of Shri Vijay Bahadur and Smt. Sita Devi, wife of Shri Shanker have preferred Criminal Appeal No. 2141 of 2008, assailing the impugned judgment and order dated 30.08.2008 delivered by the Court of learned Additional Sessions Judge/Special Judge, E.C. Act, Court No.9, District Sultanpur in Session Trial No. 464 of 2002, arising out of Case Crime No. 315 of 2001, under Sections 498-A, 302/34, 201 I.P.C., Police Station Gosaiganj, District Sultanpur. The learned trial court has convicted all the appellants under Section 498-A I.P.C. and sentenced them to undergo for rigorous imprisonment for two years, fine of an amount of Rs.5,000/- has also been imposed on each of the appellants with default stipulation to serve out additional imprisonment for six months. The learned trial court has also convicted them for the offence punishable under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced them for imprisonment for life and fine of Rs.20,000/- on each of the appellants with default stipulation to serve out additional imprisonment for one year. It was directed by the trial court that all the sentences shall run concurrently.

4. The appellant, Smt. Indrawati, wife of Shri Mewa Lal Jaiswal has expired during pendency of this appeal and the appeal on her behalf has been abated vide order dated 30.08.2018.

5. The appellant, Akhilesh alias Putte has preferred Criminal Appeal No. 2186 of 2008, assailing the aforesaid impugned judgment and order dated 30.08.2008. The learned trial court has also convicted him and sentenced him for the aforesaid punishments.

6. The appellants have contended in the grounds of appeal that the prosecution has failed to prove its case beyond all reasonable doubts. The trial has been concluded on the basis of presumption. The learned trial court has not applied its judicial mind while convicting the appellants. The impugned conviction order dated 30.08.2008 is illegal, arbitrary and against the material/evidence available on record. The learned trial court has failed to consider that the case against the appellants has not been proved beyond reasonable doubt. The findings recorded by the trial court is based on conjectures and surmises and is not based on facts or on law.

7. As per the prosecution version, the complainant, Chhaviraj Jaiswal (P.W.1) submitted written report (Ex.Ka.-1) at Police Station Gosaiganj, District Sultanpur. On the basis of which Check F.I.R. (Ex.Ka.-11) and G.D. (Ex.Ka.-12) of registration of crime were prepared at the police station by the concerned police personnel. Crime No. 315 of 2001, under Sections 498-A, 302 I.P.C. was registered on 14.08.2001 at 9:30 a.m. The occurrence was mentioned to be occurred on 13.08.2001 at 10:00 p.m.

8. The complainant has narrated in his written report that he is resident of Village Pahadpur, Police Station Motigarpur, District Sultanpur. The deceased, Smt. Renu Jaiswal was daughter of his sister, Smt. Subran, wife of Teedi, resident of Jogapur, Police Station Bewana, District Ambedkar Nagar. Smt. Renu was married with the appellant, Akhilesh Kumar Jaiswal, S/o Mewa Lal Jaiswal, R/o Village Kari Bahar, Police Station Gosaiganj, District Sultanpur 12 years ago. Her Gauna was performed 7 years ago prior to the incident. Her daughter was aged 18 months and the deceased Renu Jaiswal was pregnant on the date of incident.

9. It was also mentioned in the written report by the complainant that Akhilesh and his brother Vijay Bahadur and other family members harasse