O R D E R

% 23.01.2014 Appellants are the father-in-law, brother-in-law and husband of deceased-Alkesh, who had died unnatural death by hanging in her matrimonial house on 20th December, 1997 i.e. within one year and four months of her marriage with appellant-husband.

Appellants were tried for the offences under Section 304-B/498-

A/34 of IPC in FIR No.389/1997 registered at P.S. Anand Parvat, Delhi and vide impugned judgment of 5th May, 2000, they have been convicted for the offence of dowry death and of subjecting deceased to cruelty whereas their co-accused Smt. Jhabbo Devi (Bua of husband of deceased) and Babli (nand of deceased) have been declared as Proclaimed Offender. Vide impugned order of even date, appellants have been sentenced to rigorous imprisonment for seven years each with fine for committing the offence of dowry death and for the offence under Section 498-A of IPC, they have been sentenced to rigorous imprisonment for two years each with fine. Both the sentences were ordered to run concurrently.

The factual background of this case as noticed by trial court in the impugned judgment is as under: -

“The short facts of the case as per the prosecution are that on 29.12.97, Ran Singh Chauhan r/o Village Nagaria of District Mainpuri, U.P. aged about 50 years came to P.S. Anand Parbat and got recorded his complaining statement that he was the father of Alkesh who was married to Raj Kumar accused on 22.4.96 and at the time of marriage, he has given dowry and other articles as per his capacity. According to Ran Singh Chauhan, after the marriage, when his son Sudesh came to Delhi at Prem Nagar at the house of the accused persons for taking back his sister Alkesh, at that time, Kashi Singh, father-in-law of Alkesh and Jhaboo Devi (P.O.), Bhua of Raj Kumar told his son Sudesh that in the marriage, the wrist watch and taper recorded since have not been given, as such, Alkesh would be sent after these articles are delivered. Sudesh assured the accused persons that when the accused would come for taking back his sister, all these articles would be given to them. According to Ran Singh Chauhan, when Raj Kumar accused came to take back Alkesh, he was given the wrist watch and the tape recorder. It is alleged that thereafter the demand for dowry started increasing and the accused persons asked for colour T.V. and Gas Cylinder. It was also alleged by Ran Singh that his daughter Alkesh was harassed and was given beating by the accused persons. Due to the harassment of the accused persons, his daughter Alkesh wrote a letter to him and thereafter he sent his son again to the house of the accused persons and his son after consoling them came back to his house and told Ran Singh that in-laws of Alkesh were greedy and their demand should not be fulfilled, otherwise they would raise more demands. According to Ran Singh, he wrote several letters to the in-laws of Alkesh for enquiring about her well being, but none of the letters were passed on by the accused persons to his daughter. According to Ran Singh, his son Sudesh came to the house of in-laws of Alkesh several times and every time he used to complain that the accused persons namely Raj Kumar-husband, Kashi Singh- father-in-law, Jhabbo Devi (Phuphia Saas) and Babli- Nanad and Devar-Pappu were all harassing Alkesh. In the mid of July, a letter without any postage stamp was received by Ran Singh in which his daughter has stated that due to the atrocities and harassment of her in-laws, she would be committing suicide by hanging herself on 20.7.97. Immediately, on receipt of this letter, Ran Singh Chauhan sent his son Sudesh to the house of the accused persons and to bring back Alkesh from the house of the in-laws on which the accused persons are alleged to have told Sudesh that Alkesh would be sent on the occasion of Bhaiya Dooj and when Sudesh came at the time of Bhaiya Dooj, Alkesh was not sent saying that accused Babli was to be married in the month of November and Alkesh would be se