JUDGMENT :

Siddharth, J.

1. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ram Singh Kushwaha and Sri Ankit Shukla, learned counsels for the appellant and learned A.G.A for the State.

2. Above criminal appeals have been preferred against the judgment and order dated 12.01.2001 passed by VIIth Additional Sessions Judge, Kanpur Nagar, in Session Trial No. 960 of 1995 by which the appellant, Akhilesh Kumar Mishra, has been convicted and sentenced for life under Section 304-B IPC, while appellants, Smt. Meera Jha and Jagdanand Jha, have been convicted and sentenced to 8 years rigorous imprisonment. All the appellants have been convicted and sentenced under Section 498-A IPC for 2 years rigorous imprisonment and under Section 4 of D.P. Act to undergo rigorous imprisonment for one year. The appellants are acquitted of alternative charge under Section 302 IPC.

3. Prosecution case is that informant, Shyam Shanker Mishra, married his daughter, Sudha, three years ago to the accused, Akhilesh Kumar Mishra. Rs. 51,000/- was given in cash and other goods were given in dowry but accused, Akhilesh Kumar Mishra, was demanding a motorcycle and a plot and was threatening to kill his daughter. Akhilesh Kumar Mishra and his Fufa, Jagdanand Jha, also used to come and threaten him. On 19.07.1994 at 6:00 p.m informant came to know that the accused, Akhilesh Kumar Mishra, his Fufa, Jagdanand Jha and Bua, Meera Jha, have murdered his daughter, Sudha and have ran away leaving her dead body behind. FIR dated 19.07.1994 was lodged on 20:55 registered at Police Station- Kakadev.

4. After committal, charges were framed under Sections 498-A/304-B IPC and alternative charges under Section 302 IPC and Section 4 of Dowry Prohibition Act were framed against accused persons.

5. Before the trial court, informant was examined as P.W.-1. His wife, Smt. Gambhira Devi, was examined as P.W.-2. Abdul Haq, was examined as P.W-3. Dr. D.K. Vaish, who conducted the post-mortem of dead body of the deceased was examined as P.W.-4. Milap Singh, Deputy Superintendent of Police, was examined as P.W.-5.

6. P.W.-1 stated in his statement before the trial court that he is resident of Bihar and is residing at Kanpur for last 14 years. He had one daughter, Sudha, the deceased, another daughter, Vinita and two sons, Ashutosh and Nyaytosh, and is wife is P.W.-2. Accused, Akhilesh Kumar Mishra, was residing with his Fufa, Jagdanand Jha and Bua, Meera Jha. They also belong to Bihar. He saw accused, Akhilesh Kumar Mishra, in the house of Jagdanand Jha and in the presence of accused, Jagdanand Jha and Smt. Meera Jha, demand of Rs. 51,000/- as dowry was made and they agreed to the marriage of accused, Akhilesh Kumar Mishra, with his daughter, Sudha. He paid Rs. 8,000/- for making jewellery to the accused, Akhilesh Kumar Mishra and Rs. 25,000/- for expenses of marriage. After marriage the accused persons started demanding a motorcycle and also a plot of land. They started abusing the daughter of P.W.-1 and took away her clothes and jewellery. He went to meet his daughter but he was not allowed to meet her. Therefore, he lodged a complaint at Police Station-Kakadev, District- Kanpur Nagar. Accused, Jagdanand Jha, is working in UPSIDC and was quite influenced. Police got a compromise entered between the parties recorded at Police Station. Both the parties put their signatures thereon. Whenever, accused, Akhilesh Kumar Mishra, came to his house he demanded money. One and a half months prior to death of Sudha, Akhilesh Kumar Mishra, started living separately from her Bua and Fufa with the deceased. 10-12 days thereafter one bengali lady informed him that Sudha is ill. He went their to see her. Akhilesh Kumar Mishra again started talking about motorcycle and after reprimanding him he took Sudha to Dr. Devendra Kaur who informed that Sudha is pregnant and not ill. She is not getting sufficient food to eat. After 7-8 days one vegetable vendor informed that Sudha is ill. The informant, P.