(1.) Prakash Chander, his parents Smt.Lila Wati and Pyare Lal, his sister Usha and brother Parveen Kumar @ Pappu were all charged for offence under Section 302 read with Section 34 Indian Penal Code for intentionally or knowingly in furtherance of their common intention causing the death of Smt.Swaran Kanta at 2.35 PM on 9th August, 1987. In the alternative they were charged for an offence of dowry death punishable under Section 304B, Indian Penal Code.
(2.) The learned Additional Sessions Judge has acquitted Pyare Lal,Usha and Parveen Kumar. Leela Wanti has also been acquitted of offence under Section 302/34 Indian Penal Code. Prakash Chander has, however, been found guilty of offence of murder of his wife Swaran Kanta and has been convicted for offence under Section 302 Indian Penal Code modifying the charge from Section 302/34 Indian Penal Code to Section 302 Indian Penal Code and has been sentenced to death. The alternate charge under Section 304 B, Indian Penal Code against Leela Wanti has been modified and she has been convicted for offence under Section 498A Indian Penal Code and sentenced to rigorous imprisonment for two years and a fine of Rs.2,000.00 and in case of default in payment of fine she has been ordered to undergo further rigorous imprisonment for six months. Regarding Prakash Chander the learned Additional Sessions Judge has held that the alternate charge does not survive and it has been cancelled.
(3.) Prakash Chander and Leela Wanti have appealed to this court.There is also a Murder Reference. This judgment will dispose of both the appeals and the murder reference.