V.K. Agrawal, J.

1. By impugned judgment dated 14-8-1997 in Sessions Trial No. 83/97, the Additional Sessions Judge, Jashpurnagar, Distt. Raigarh, has convicted each of the accused/appellants for offences punishable under Sections 498A and 304B of Indian Penal Code. Each of them have been sentenced to undergo Rigorous Imprisonment for 7 (seven) years and to pay fine of Rs. 500/- (five hundred), in default of payment of fine amount, to undergo Simple Imprisonment for 2 months for offence under Section 304B of the Indian Penal Code. However, no separate sentence for offence punishable under Section 498A of Indian Penal Code has been imposed.

2. The prosecution case stated in brief is that deceased Sangeeta was married to accused/appellant No. 1 Ramesh Kumar in December 1995. The accused/appellant No. 2 Radheshyam Agrawal and accused/appellant No. 3 Leelawati are the parents of accused/appellant No. 1 Ramesh Kumar while accused/appellant No. 4 Durga is his sister. After her marriage Sangeeta started residing in her matrimonial home at Saraipani with the accused/appellants. Sangeeta on 27-9-1996, committed suicide by consuming some poisonous substance.

3. According to the prosecution case, after the marriage when Sangeeta returned to her parental home, she informed her parents that accused/appellants had complained that the articles given in dowry were of inferior quality, and they used to taunt her in that regard. Thereafter, deceased Sangeeta again went back to her matrimonial home and when subsequently came back to her parents, she informed them that the accused/appellants are demanding Rs. 20,000/- (twenty thousand) and a mixie in dowry. Even subsequently thereafter, when deceased Sangeeta visited her parents, she would complain regarding the demand as above, by the accused/appellant. She would express her apprehension that in case the above demand was not met, she would be killed.

4. On 22-9-1996 Kaushalya Bai (P.W.2) mother of deceased Sangeeta went along with her son Rakesh (P.W.4) to bring deceased Sangeeta with them, upon which accused/appellant No. 3 Leelawati demanded a mixie and Rs. 20,000/- (twenty thousand) in cash and told them that unless the above demand was met, deceased Sangeeta would not be sent to her parents' home. Sangeeta was in great distress and complained regarding harassment by the accused/appellants.

5. Thereafter, on 27-9-1996 Roshanlal (P.W.10) informed Kunjbihari (P.W.I) Kaushalaya Bai (P.W.2) and others that Sangeeta has expired. Kunjbihari (P.W.I), Kaushalaya Bai (P.W.2) and others went to Saraipani. On seeing the dead body of deceased Sangeeta, they noticed that it had turned bluish, and froth and blood were coming out of the nose and mouth of the deceased. Kunjbihari (P.W.I) lodged the report of the incident as per (Ex.P/12). Merg intimation was recorded as per Ex.P/1. After the enquiry on the said merg intimation, First Information Report (Ex.P/12) was recorded by the Investigation Officer D. P. Thakur (P.W. 12) and offence was registered.

6. The inquest report (Ex.P/3) on the dead body of Sangeeta was prepared. It was sent for post-mortem examination. Dr. Smt. V. Bakhla (P.W. 11) conducted post-mortem examination. As per post-mortem report (Ex.P/11) death was suspected to be on account of poisoning. Some of the letters written by deceased Sangeeta were seized as per seizure memo (Ex.P.2) during investigation, including a letter written by the accused/ appellant No. 4 Durga to her sister Pushpa (Ex.P/2-A) and another letter (Ex.P/2-B) written by the deceased Sangeeta. After concluding other usual formalities during investigation, charge sheet was filed against the accused/appellants.

7. The learned trial Court framed charges for offences punishable under Sections 498A and 304B of Indian Penal Code against all the accused persons as well as co-accused Pushpa and Shrikrishna. However, co-accused Pushpa and Shrikrishna were acquitted by the impugned judgment. The learned trial Court held that the